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(영문) 서울고등법원 2020.06.16 2019나2000621
공실관리비
Text

1. Of the judgment of the first instance court, the part against the remaining Defendants, other than Defendant I, L, Q and S, shall be modified as follows.

Reasons

1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance except for dismissal or addition and deletion as mentioned below 2. Thus, this case is quoted by the main text of Article 420 of the Civil Procedure Act.

2. Article 16 of the Judgment of the first instance court No. 4 that is dismissed or added and deleted, the phrase “6,54” shall be deemed to read “6,54.”

After the judgment of the court of first instance No. 5, ".......", the monthly management expenses for the defendants shall be added as stated in the "monthly management expenses (b)" in the attached Form 1 attached hereto.

The following shall be added between conduct 11 and 12 in the first instance judgment:

Defendant N of the first instance trial died during the proceeding of the trial, and Defendant BB and Defendant BC, the inheritor, took over the proceeding of this case. The first instance trial court’s 6th to 11th to 7th 10th son of the first instance trial, and deleted the item number 11th son of the 7th son.”

A. Party’s assertion 1) The sectional owners of the instant building asserted by the Plaintiff had the sectional owners impose the management fee of KRW 40,000 per square meter on the sectional owners from the second to sixth underground floors based on the sales area around November 201 (hereinafter “instant imposition method”).

(2) Therefore, the Defendants are obligated to pay to the Plaintiff the management expenses from September 2013 to October 2014 calculated in accordance with the instant imposition method, and ② the unpaid management expenses at the rate of 24% per annum from November 11, 2014 to November 11, 2017, as stipulated in Article 39(2) of the Commercial Building Management Regulations (each money entered in the “payment charges” in the attached Form 2 claim amount table), and the delay damages therefrom. (2) Since there was no valid resolution by the sectional owners on the instant imposition method as to the Defendants’ assertion, the Plaintiff is not entitled to impose the management expenses and the late payment charges on the Defendants based on the instant imposition method.

B. Determination on the cause of the claim 1.

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