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(영문) 의정부지방법원 2017.01.13 2014가합7695
관리비 등
Text

1. Defendant B’s KRW 13,534,327 as well as 6% per annum from October 21, 2016 to January 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. In both weeks, A commercial building (hereinafter “instant commercial building”) is an aggregate building of the second and the seventh floor above ground, consisting of approximately 300 divided stores subject to sectional ownership. The Plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings, which consists of sectional owners of the instant commercial building, (hereinafter “the Aggregate Buildings Act”).

B. Defendant Sambu C&C Co., Ltd (hereinafter “Defendant Sambu C&C”) completed the instant building as the contractor of the instant commercial building, and completed the registration of ownership preservation on October 2, 2003. On June 18, 2013, Defendant B completed the registration of ownership transfer on the grounds of sale of the said 27 stores listed in the [Attachment I] list among the instant commercial buildings (hereinafter “instant stores”) by attaching numbers pursuant to the sequences listed in the annexed Table 1 among the instant commercial buildings, and combined the said 27 stores, each of the instant stores was referred to as “each of the instant stores”).

On September 25, 2013, Defendant B registered the real estate rental business with each of the instant stores as its location.

C. C (hereinafter “D”) is the sectional owner of 132 stores among the instant commercial buildings since Defendant B acquired the ownership of the said 27 stores.

Plaintiff

The main provisions concerning management expenses in the management rules shall be as follows:

Plaintiff

Article 20 (Joint Liability) The sectional owners or occupants (hereinafter referred to as "section owners, etc.") of the Regulations shall be jointly and severally liable for the management expenses, etc. to be borne by the management body or manager.

Article 51 (Contents of Management Expenses) Details of Management Expenses shall be as follows:

2. Indirect expenses;

(a) Expenses incurred in the electricity, water supply and drainage, heating and cooling, mutual assistance, cleaning, cleaning, security, guidance, broadcasting, exchange, duty, safety management, welfare, etc. of the section for common use;

(b) repair, remodeling, restoration, removal of the section for common use;

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