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(영문) 인천지방법원 2016.10.14 2015나12604
관리비
Text

1. The defendant's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in the trial, the defendant 8.8% against the plaintiff.

Reasons

1.The following facts of recognition do not conflict between the Parties:

The plaintiff is the council of occupants' representatives comprised of representatives from each building of A apartment in Yeonsu-gu Incheon Metropolitan City (hereinafter referred to as "the apartment of this case").

B. The Defendant is residing in the instant apartment No. 208 Dong 1804, and did not pay the aggregate of the management expenses from March 2013 to April 2016 (hereinafter “instant management expenses”).

2. Determination

A. The Defendant asserts that the instant management expenses claim belongs to a housing management entity that is not the Plaintiff. As such, Article 43(1) of the Housing Act provides, “A business entity who has constructed a multi-family housing prescribed by Presidential Decree shall manage the multi-family housing until the majority of prospective occupants move into a multi-family housing management entity, and if a majority of prospective occupants move into a multi-family housing, he/she shall notify the occupants of such fact and request a housing management entity to manage the multi-family housing pursuant to paragraph (2).” Paragraph (2) of the same Article provides, “occupants shall autonomously manage the multi-family housing falling under paragraph (1) pursuant to paragraph (4) or entrust the management of the multi-family housing to a housing management entity under Article 53, and the occupants and users of the multi-family housing falling under Article 43(1) of the same Act shall pay management expenses necessary for the maintenance and management of the multi-family housing to the management entity.” In light of the purport of the above provision, where the council of occupants’ representatives selects a housing management entity and manages the multi-family management expenses, the collection of the management expenses.

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