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(영문) 인천지방법원 2019.07.10 2018나53514
관리비
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 74,115,340 and KRW 29,316,40.

Reasons

1. Facts of recognition;

A. The Plaintiff is a “management body” under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, and is responsible for the calculation, notification, collection, etc. of the management expenses of the building A1 complex-based shopping complex-dong (hereinafter “instant building”).

B. On April 21, 2015, the Defendant acquired the ownership of the instant building E (hereinafter “Defendant store”) due to the purchase and sale from D Co., Ltd. on April 7, 2015.

C. The Plaintiff calculated the total management expenses of the instant building through the controlled entity each month and calculated the management expenses for each store according to the ratio of the sales area of each store to the total sales area, and notified each store thereof.

Management fees calculated and notified to each store as above shall be comprised of general management expenses, cleaning expenses, disinfection expenses, expenses, repair allowances, prosperity fees, electricity fees, water fees, heating fees, etc., and where the monthly payment deadline exceeds the payment deadline, overdue charges prescribed by the Commercial Building Management Rules shall be added.

In addition, the above electricity charges are divided into the household electricity charges and the joint electricity charges, and the household electricity charges include the basic charges imposed by the plaintiff on the entire building of this case according to the quantity of each household used.

Accordingly, the Plaintiff included part of the basic charges set at the lowest level in the household electricity charges even in the case of the household units of the public room until the management expenses for the portion of October 2016, but thereafter, in the case of the household units of the public room from the management expenses for the portion of November 2016, the Plaintiff did not include part of the basic charges in the household electricity charges.

From May 2015, the Plaintiff notified F of the management expenses calculated with respect to the Defendant’s store to F, who managed the Defendant’s store. The management expenses (except for late payment) incurred from April 2015 to September 2017 of the Defendant shop, which was computed and notified by the Plaintiff, are KRW 46,694,970, and the management expenses (except for late payment) incurred from October 2017 to January 2019.

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