logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.03.17 2014나11764
관리비 등
Text

1. The defendant's appeal is dismissed.

2. Upon receiving a claim added at the trial, the Defendant is subject to KRW 4,477,160.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body established with all sectional owners of Seocho-gu Seoul Metropolitan Government C and D (hereinafter “instant building”) as prescribed by the Act on the Ownership and Management of Aggregate Buildings.

B. On October 13, 2011, the Defendant purchased No. 7083 of the seventh floor of the instant building (hereinafter “instant store”) in a voluntary auction procedure.

C. The management expenses of the store of this case were overdue prior to the Defendant’s acquisition of ownership, and the Defendant did not fully pay them.

The unpaid amount of the management expenses for the section for common use of the store in this case from October 2009 to October 2014 is KRW 9,444,580 in total.

According to the rules and regulations of the management body of the plaintiff, a sectional owner of the building of this case has a duty to pay late payment charges of 5% per month for the unpaid amount (However, it shall not exceed 25% per annum) if he delays the payment of management expenses.

The Defendant acquired the ownership of the instant store on October 13, 201 and the late December 9, 2014 on the unpaid amount of management fees for common areas after the date of the acquisition of the ownership of the instant store is KRW 2,59,960 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Gap evidence 14, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant's total amount of 12,044,540 won (=2,580 won 2,59,960 won) and the claim amount of KRW 7,567,380, which was the remainder after the reduction of the amount of the first instance court's claim.

B is the amount claimed in the first instance trial from November 24, 2013, following the delivery of the written request for the extension of claims and the supplement of the cause of claims, as sought by the Plaintiff, and the remainder of KRW 4,477,160 from November 24, 2013, following the delivery of the written request for the extension of claims and the supplement of claims.

on December 12, 2014, after serving a written application for reduction of claims and change of the cause of claims on the part of the trial court.

arrow