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(영문) 광주지방법원 2019.05.15 2018나60419
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation of this part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of

2. Judgment on the defendant's assertion

A. The Defendant’s assertion is not only Article 20 and Article 21 of the Management Rules but also Article 20 and Article 21 of the Electric Power Corporation’s Electric Power Corporation’s Electric Supply Terms and Conditions and the Gwangju Metropolitan City’s Water Supply Ordinance, but also under the duty of care to demand the payment of management expenses by issuing a written demand notice in accordance with the procedures for securing claims under the Electric Power Corporation

In addition, the Plaintiff is obligated under the principle of good faith to deliver the management rules of the instant building to the Defendant and to inform C of the delinquency in management expenses.

However, the Plaintiff did not appropriately perform management duties as a management body in violation of such obligations.

Therefore, the defendant cannot respond to the plaintiff's claim seeking management expenses for the section for exclusive use and 581,784 won in arrears.

B. (1) Determination is based on the following: (a) whether the Plaintiff is obligated to take measures such as cutting off or cutting off, etc.; (b) Articles 20 and 21 of the instant management rules provide that the Plaintiff may take measures such as issuing a demand note, cutting off, cutting off, prohibiting the use of public facilities, filing a lawsuit, etc. if the tenant fails to pay management fees; and (c) this does not provide for the Plaintiff’s duty; and (d) the Act on the Ownership and Management of Aggregate Buildings stipulates that the management rules may be established autonomously in accordance with the principle of collective autonomy to manage aggregate buildings; and (e) it is difficult to deem that the Plaintiff has the obligation to take measures such

In addition, the Korea Electric Power Corporation's terms and conditions of supply and the Gwangju Metropolitan City's Water Supply Ordinance shall be applied to the plaintiff.

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