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(영문) 인천지방법원 2018.01.10 2017가단207900
관리비등
Text

1. The Plaintiff:

A. As from November 14, 2017, Defendant B’s KRW 14,604,086 and its related thereto:

B. Defendant C shall be KRW 37,970,455 and

Reasons

1. Facts of recognition;

A. As seen earlier, the Plaintiff is the representative of F Co., Ltd. managing the building of Incheon Nam-gu and 12 parcels E, and the manager appointed pursuant to the E Building Management Rules, and Defendant B is the owner of G Dong floor 104(H) among the above buildings, and Defendant C is the owner of the G Dong floor 101(I) among the above buildings.

(b) The main contents of the E-building management rules are as follows:

Article 15 (Management Expenses, etc.) (1) A sectional owner shall pay management expenses, etc. to the management office to appropriate expenses incurred in the management of objects.

(2) Management expenses, etc. shall be calculated to cope with each sectional owner's share.

Article 30 (Duties of Administrator) Any judicial or extra-judicial act on behalf of the managing body may be conducted.

Article 43 (Collection of Management Expenses, etc.) (1) A custodian shall collect management expenses, etc. and exclusive use fees by automatic transfer method or other appropriate means on a specified date of each month.

(2) If a sectional owner fails to pay the amount by the date specified in the preceding paragraph, the manager may request the sectional owner to pay the unpaid amount plus any additional dues determined by the management committee, and the manager may take appropriate measures, such as suspension from office, suspension, disclosure of the list of delinquent taxpayers, if management expenses, etc. are not paid twice or more.

C. From March 2016 to October 2017, Defendant B’s unpaid management expenses are KRW 14,604,086, and Defendant C’s unpaid management expenses from March 2016 to October 2017 are KRW 37,970,455.

On the other hand, the management entity of the building was changed to the third party on November 1, 2017.

[Ground for recognition] Defendant C: The fact that there is no dispute between Defendant B and Defendant B, each entry of evidence Nos. 1 through 10, and the purport of the whole pleadings

2. According to the facts of the judgment as to the plaintiff's claim against the defendant C, the defendant C requested the plaintiff to pay unpaid management expenses to the plaintiff KRW 37,970,455 and the purport and purport of the claim of this case as requested by the plaintiff.

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