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(영문) 대전지방법원 2016.01.22 2015나2308
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant, which exceeds the amount ordered to be paid below.

Reasons

1. Basic facts

A. The Plaintiff is a management body comprised of sectional owners of A, an aggregate building in Seo-gu Daejeon (hereinafter “instant aggregate building”), and the Defendant is the owner of Nos. 501 and 601 among the instant aggregate buildings.

B. The provisions pertaining to management expenses among the management rules of the Plaintiff and the matters to be observed by the employer are as follows.

A Form II of the terms of Article 2 of the Rules of the Maternity Association Management;

1. The owner (regular member) - The ownership of this commercial building is automatically admitted to the owner under the Registration of Divided Ownership in this commercial building;

2. User (Associate Membership) - The management expenses (including the athletes management expenses), the special repair reserve, and the prosperity fees that are automatically admitted to the commercial building as a person who directly engages in any business after moving in the commercial building.

1. An employer shall pay management expenses, etc. imposed by the management entity within the fixed date;

3. The amount in arrears, such as management expenses, of the user may be requested to the owner when the user closes.

4. The owner shall pay the special repair reserve imposed by the management entity within the fixed date.

5. Special repair reserve funds shall be determined by a resolution of the prosperity conference with a 300 won/land size (based on the exclusive use area).

6. 5% per month shall be imposed and collected where the management expenses and amounts to be imposed are not paid by the prescribed deadline;

8. Regular membership dues and special appropriation reserve funds for membership dues may be made for the employer, and in such cases, the employer shall increase or decrease from the monthly payment as much as the amount of the payment made by the employer;

Article XXEnforcement Regulations and Autonomous Management Regulations

3. Matters to be observed by users shall be resolved as an executive meeting;

Users' Obligations

5. A user who newly moves into a commercial building for the smooth management of the commercial building (after December 1, 2005) shall pay the player management expenses to the management office simultaneously with the moving into the commercial building, and shall be refunded by the management office at the time of termination of the contract. 2) An existing user shall pay the player management expenses in installments from December 2, 2005 to the player management expenses, and shall be refunded at the time of termination of the contract.

C. The Plaintiff is the management fee for the instant condominium 501 from November 2006 to May 2014.

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