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(영문) 의정부지방법원 2017.03.15 2014가단122535
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 11,385,250 out of KRW 11,954,510 and the said amount, from December 9, 2014 to the day of full payment.

Reasons

1. Determination on this safety defense

A. On December 17, 2016, C is dismissed from office as the representative of the Plaintiff at the Plaintiff’s extraordinary general meeting, and C is not entitled to represent the Plaintiff as of the date of closing argument. Therefore, C’s lawsuit filed by the Plaintiff as the representative is unlawful.

B. The written evidence No. 5 alone is insufficient to acknowledge that C was dismissed from office as the representative of the Plaintiff at the Plaintiff’s extraordinary general meeting on December 17, 2016, and there is no evidence to acknowledge otherwise.

Therefore, the defendant's main defense is without merit.

2. Judgment on the merits

A. In fact, the Plaintiff has managed the instant aggregate building as a management body comprised of all sectional owners under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) for the management and operation of the site and building of the building A (hereinafter “the instant aggregate building”) at the Government-si, and has imposed and collected management fees on the occupants.

From May 1, 2011 to April 2012, the Defendant occupied and operated a male and female public bath on the sixth and seventh floor of the instant condominium building.

(1) The court below's decision on the management rules of the aggregate building of this case provides that the plaintiff shall bear the obligation to pay management expenses each month, legal management expenses (service expenses, electrical safety management expenses, fire prevention management expenses, etc.), waste collection expenses, disinfection expenses, water tank cleaning expenses, electricity and gas expenses, water supply and drainage expenses, water supply and drainage expenses, water supply and drainage expenses, long-term repair expenses, long-term repair expenses, other insurance premiums, public charges, etc. The plaintiff's total monthly management expenses incurred by the plaintiff shall be calculated by multiplying the whole area of the building by the size of the building, and then multiplying the whole area of the building by the size of the whole area.

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