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(영문) 춘천지방법원 2019.08.28 2018나53662
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. The reasoning of this part is that the court is identical to the reasoning of the judgment of the court of first instance, and thus, the reasoning of this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. As to the cause of the claim, the following facts may be acknowledged according to the respective entries in Gap evidence Nos. 2 through 5, 10, and 15 through 26, and the overall purport of the pleadings, and there is no evidence to reverse it. (a) As to Eul, the management expenses claim amounting to KRW 809,010 and KRW 40,450 (=849,010 + KRW 40,010 + KRW 450) were created from August 18, 2017 to December 18, 2017.

B) From September 2012 to February 2016, the amount calculated by deducting management expenses for the section for exclusive use (296 won for electricity in December 2012, 115, 115 won, and 83 won for electricity in December 2013, 2015) specified in evidence Gap evidence 10, 251, 759 won for the joint use from September 4, 2012 to February 10, 2016, after deducting management expenses for the section for exclusive use (296 won for electricity in December 2012, 204, 300 won for the portion for exclusive use from September 4, 2015, 300 won for the management expenses for the portion for exclusive use + 40 won for the amount unpaid from September 1, 2015, 30 won for the management expenses for the section for exclusive use which was incurred by the defendant to October 16, 2017, 107

However, according to the disposal authority theory, only 14,307,494 won that the Plaintiff seeks with respect to K will be added. As to L, from September 2012, the Defendant succeeded to the ownership of Lho Lake.

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