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(영문) 서울남부지방법원 2020.08.13 2019나58511
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. "In the disposition of the first instance court" in paragraph (1) of the same Article.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that concludes an entrustment contract with the representative committee of the management body of E, which is an aggregate building located in Guro-gu Seoul Metropolitan Government (hereinafter “instant aggregate building”), and performs management affairs, such as imposition and collection of management expenses for the instant aggregate building.

B. On April 2017, the Defendant acquired ownership of the first floor F of the instant aggregate building (hereinafter “instant store”) among the instant aggregate buildings in the process of a real estate rental auction.

Article 42 (Obligations of Custodians) The Custodians shall perform the following duties:

7. The details of management expenses (the details of management expenses) under Article 47 (Details of Management Expenses) concerning the imposition, collection, deposit, and use of management expenses shall be as follows:

(1) Expenses for electricity, gas, water supply and sewerage, heating and cooling, mutual assistance, etc. directly used by a sectional owner, etc., and various expenses that can be classified by sectional users, such as taxes and public charges, fire insurance premiums of buildings, contributions to cause traffic congestion, charges for

(a)Expenses for the electricity, water supply and drainage, heating and cooling, mutual assistance, cleaning, cleaning, guidance, broadcasting, exchange, duty, safety management, welfare, etc. of the section for common use;

(b) Expenses required for the repair, remodeling, restoration, removal, operation, inspection, repair, maintenance, etc. of the facilities for common use and allowances imposed by the long-term repair plan;

(c) All common expenses incurred in joint operation, such as advertising, publicity, customer satisfaction funds, etc.;

(d) Expenses required for the operation of managing body; and

(e) Building management entrustment fees to general management expenses and administrators;

(f) All other common expenses required for the management of the section for common use, etc. shall be notified by the manager as the settlement system for actual expenses in accordance with the following standards and calculation methods, and the sectional owner, etc. shall pay the management expenses to be borne every month in accordance with the method of payment determined by the manager:

Provided, That in the case of common expenses, the budget shall be compiled according to the resolution of the representative committee.

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