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(영문) 서울남부지방법원 2015.12.22 2014가단70232
관리비 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's ground for claim

A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), the Plaintiff is an organization comprised of all sectional owners for the management of 14-8, 14-9 underground and 11th floor neighborhood living facilities (hereinafter referred to as the “instant building”) in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul. The Defendant is the lessee who leased 403 of the instant building.

B. Of the managing body of a building and the lessee of a part of a building, the fact that the legal relationship of the delegated similar type is formed, or that the managing body of the building manages the lessee’s affairs without any obligation to pay the electricity charges for the part of the building possessed by the managing body of the building, and thus, the managing body may claim against the lessee for reimbursement of the expenses pursuant to the provisions

C. Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 4,17,866, including the electricity charges of June 2014 paid by the Plaintiff as to the leased portion, KRW 589,810, KRW 991.230, KRW 991.230, KRW 921.540, KRW 688,620, and KRW 688,620, and each value-added tax on August 2014, KRW 2014, KRW 606, and KRW 8666, including the electricity charges of September 2014, and each value-added tax.

2. Determination

A. The Plaintiff’s assertion that the right to claim reimbursement of expenses according to the delegation relation between the managing body and the lessee of the aggregate building is recognized is merely an independent opinion without any legal basis, and thus, it cannot be accepted even without further examination on the remainder.

B. The management body is obliged to exercise or perform the rights and obligations of the sectional owners necessary for common interests in the management and use of the building with due care as a good manager (see Article 23-2 of the Aggregate Buildings Act). The plaintiff's assertion that the management body pays electricity in accordance with such a duty is also an administrative management without the duty to pay electricity also cannot be accepted even without further examining the remaining points.

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