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(영문) 대전지방법원 2015.07.15 2014가단38989
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 21,921,140 as well as 20% per annum from August 12, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is the council of occupants' representatives comprised of sectional owners of A apartment in Seo-gu Daejeon, Daejeon, and the management fee is collected from each sectional owner of A apartment.

B. The Defendant is the owner of A Apartment 201, 202, 203, 204, 211, 212, and 213 (hereinafter “instant stores”). On August 14, 2012, the Defendant leased the instant stores to C from September 25, 2012 to September 24, 2014 with the lease deposit amount of KRW 100 million and KRW 5 million monthly rent, but was delivered the instant stores by delivery execution to C around December 2014 when the instant lawsuit was pending.

C. C does not pay 21,921,140 won in total as management expenses from September 2013 to June 2014.

Article 45 (1) of the Housing Act provides that "the occupants and users of multi-family housing falling under Article 43 (1) shall pay the management expenses necessary for the maintenance and management of the multi-family housing to the managing body." Article 13 (2) of the A Apartment Management Rules (hereinafter referred to as the "Management Rules") stipulated under Article 44 (2) of the Housing Act provides that "if a tenant leases his/her house to a user, he/she shall be responsible for the overdue portion of the management expenses, user fees, long-term repair appropriations, etc."

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is an occupant who is the owner of the instant store, and is calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 12, 2014 to the date of full payment, which is the day following the delivery day of the original copy of the instant payment order in substitution for the delivery day of the written complaint to the Plaintiff, the managing body of the management expenses of the instant store.

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