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(영문) 청주지방법원 2019.05.23 2018가단7481
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 42,33,730 as well as KRW 40,810,920 from September 3, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. Under the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is entrusted with the management of the Cheongju-gu A building (hereinafter “instant commercial building”). The management rules of the instant commercial building provide that the possessor shall be liable to report as the sectional owner and the owner shall be jointly and severally liable for the management expenses incurred.

(Articles 9, 10 and 11 of the Management Rules). (b)

Around June 7, 2016, the Defendant entered into a real estate lease agreement with H and I on the instant shopping mall E, F, and G (hereinafter “instant store”) on the period from July 16, 2016 to July 16, 2018. Around August 15, 2016, the Defendant registered his/her business in the Cheongju Tax Office as it opened the restaurant business and the service business with the “J” from the instant store to the category of the restaurant business and the service business, etc.

C. From August 2016, the Plaintiff imposed on the instant store in the Defendant (J) (hereinafter “J”), the Defendant deposited KRW 5 million around August 16, 2016, KRW 4,618,380 on October 17, 2016, KRW 2.5 million around December 2016, and paid KRW 12,118,380 in the Defendant’s personal name for a total of KRW 12,18,380 for 2016. After depositing KRW 2 million on March 6, 2017, the Defendant paid KRW 1,1410,000 in total five times until May 8, 2017.

After the Defendant’s unpaid management expenses of KRW 2,181,60 for the instant store in April 2017, and delayed the management expenses of KRW 40,810,920 for the period from May 2017 to April 2018, and the late payment charges of KRW 1,522,810 for the late payment charges are added to KRW 42,333,730 for the unpaid management expenses.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 11, Eul 1 and 2 (if any, including a number, the purport of the whole pleadings)

2. Determination

A. According to the above facts, the Defendant, as the lessee of the instant store, is the Plaintiff as to the sum of the unpaid management expenses and late fees, and the unpaid management expenses of KRW 40,810,920.

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