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(영문) 서울중앙지방법원 2019.08.21 2018나57836
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. From May 2005, the Plaintiff is a company that has been managing E buildings ( underground 4 floors, 10 floors above ground, and hereinafter “E”) on one parcel, both of which are located outside of C in the lusium C and one parcel.

B. On April 23, 2008, the Defendant is the current owner by acquiring the ownership of the E-building F.

Meanwhile, on July 18, 2008, the Defendant acquired the ownership of 13 units (G-Jhohoho, K-Lhoho) such as E-building G, etc., and completed the trust registration in the name of H corporation on August 1, 2008. However, on the registered trust ledger, the Defendant, the truster, bears the management expenses for the above trust units.

Article 16 (Authority, Duties, etc. of Administrator) (1) The following matters shall be the authority and duties of an administrator under the relevant Acts:

5. Imposition and collection of management expenses, etc., adjustment of use and late payment charges, and Article 27 (Management Expenses, etc.) (1) Management expenses shall be the sum of the monthly amounts determined by referring to the following items, and the amount to be borne shall be calculated, imposed and collected according to the total area of the aggregate building register:

1. General management expenses, and

2. Personnel expenses for building management;

3.Electric charge;

4. Water rates;

5. Maintenance and construction costs,

6. Insurance premium, etc.

7. Repair and maintenance expenses;

8. Repair and maintenance reserve:

9. The payment date of long-term repair appropriations under Article 28 (Collection of Management Expenses, etc.) (1) The payment notice of various payments, such as management expenses, shall be notified by specifying the amount by item, such as floor, lake, management expenses, etc., payment deadline, place of payment, etc. as the 17

(2) Management expenses, etc. shall be collected on the following month after the settlement of accounts each month, but where the payment period falls on a legal holiday, the first working day.

Article 29 (Additional Fees, etc.) (1) The overdue interest rate of management fees, etc. shall be imposed and collected by applying 3% per month after the due date of payment to the principal.

C. Of the E Commercial Building Management Regulations, the content of the instant case is as follows.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 6, and 7, the purport of the whole pleadings

2. The parties' assertion

A. E building G-F, K-L, for which the Plaintiff is liable to pay management expenses to the Defendant.

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