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(영문) 인천지방법원부천지원 2014.10.29 2013가합6970
관리비
Text

1. The Plaintiff:

A. Defendant B shall be KRW 48,625,00 and 20% per annum from September 6, 2013 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body comprised of sectional owners of the aggregate building on the ground E-ownership (hereinafter “instant building”) of the Hancheon-gu, Seocheon-si and the Hancheon-gu, and seven lots of land E-ownership.

B. On May 29, 2003, Defendant B acquired the ownership of No. 1800 on the 18th floor of the instant building (hereinafter “instant one store”). From September 14, 2001, prior to the acquisition of the said ownership, Defendant B continues to engage in food business with the trade name “F” from the said store until the date. The Defendants continue to engage in food business with the trade name “G” from August 5, 2007 to the date of August 5, 2007 by leasing No. 801, 802, and 805 of the instant building (hereinafter “instant two stores”).

C. Defendant B did not pay to the Plaintiff the sum of KRW 48,625,000 out of the management expenses incurred from November 201, 2012 to July 2013 as the owner and occupant of the instant 1 store (hereinafter “instant 1 store management expenses”). The Defendants did not pay the Plaintiff the sum of KRW 51,727,00 out of the management expenses incurred by the joint occupant of the instant 2 store from January 201 to July 2013 (hereinafter “instant 2 store management expenses”). The Defendants did not pay the Plaintiff the sum of KRW 51,727,00 out of the management expenses incurred by the joint occupant of the instant 2 store from January 2013 to July 2013 (hereinafter “the instant 2 store management expenses”).

Among the management rules of the building of this case, the parts relating to this case are as follows.

Article 43 (Details of Management Expenses, etc.)

1. A sectional owner, etc. shall bear all the expenses incurred in the management of the section for common use, etc. (hereinafter referred to as "management expenses") in compliance with the guidelines for imposition determined by the manager;

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. The Defendants’ defense prior to the merits are the administrator H. who is the representative of the Plaintiff.

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