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1. The defendant's appeal is dismissed.
2. Upon the plaintiff's addition by this court, the defendant 4,483.
Reasons
1. Facts of recognition;
A. The Plaintiff is a management body of an officetel of three underground floors and a 13-story aggregate building in Seo-gu Daejeon-gu, Daejeon-gu (hereinafter “instant officetel”).
B. On May 19, 201, the Defendant acquired the ownership of the instant officetel 12 story D (hereinafter “instant partitioned building”) during the voluntary auction procedure.
C. On May 18, 2016, the Plaintiff notified the Defendant of the payment of management expenses in arrears (Evidence A 3) to the effect that the Defendant would pay KRW 61,985,884 of management expenses in the instant partitioned building and KRW 163,340 of the late 101,354,450 of the late 163,340 of the late 163,334.
The main contents of the Management Rules of the Officetel of this case are as follows.
Article 9-2 [Calculation Basis of Management Expenses] (1) Calculation Form: The area of sale of a building (the area of exclusive ownership = the registration number) = the area of sale of a building converted into the total area ratio.
(2) Where the management committee of a managing body deems it necessary, it may add expenditure items and pay a certain amount of business promotion expenses to the manager every month.
Article 36 (Management Expenses, etc.) (1) The management expenses shall be the sum of the monthly amounts for the following items, and the composition details and methods of calculating them shall be prescribed by the Decree on the Management of Multi-Family Housing and attached Table 2, and the method of calculating the amount to be borne by each unit shall be governed by the principle on the user's burden
1. General management expenses;
2. Cleaning expenses;
3. Deleted ( March 25, 2002);
4. Disinfection expenses;
5. Maintenance expenses for entrance fees;
6. Heating and cooling expenses;
7. Expenses for hot water supply;
8. Repair and maintenance expenses (including expenses for cleaning air-conditioning and cooling facilities, expenses for cleaning clean water, expenses for audience assignment and sewage purification facilities, expenses for maintaining TV subscription facilities jointly used, expenses for maintaining satellite antenna facilities, etc.). (2) The management authority shall not collect management expenses under any pretext other than those provided for in the subparagraphs of paragraph (1).
Provided, That fees, such as insurance premiums, liftings, electricity (including the electricity of the joint-use facilities), water (including the joint-use water), gas or gas, TV receiving fees, etc. for the whole building under Article 14.