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(영문) 서울중앙지방법원 2014.11.27 2014가단136853
관리비청구권부존재확인
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1.The following facts may be found either in dispute between the Parties or in accordance with the statement in Category B(1):

On March 29, 2005, the Plaintiff purchased Seocho-gu Seoul Metropolitan Government No. 606 (hereinafter “instant real estate”) No. 606, and completed the registration of ownership transfer concerning the instant real estate on July 7, 2006.

B. The instant real estate was in a public room that was not leased from January 1, 2013 to August 16, 2013. However, the Defendant, as the managing body of the building B, notified the Plaintiff that the sum of the management expenses from January 1, 2012 to September 2013 (hereinafter “instant management expenses”) was paid as indicated in the attached Table on the imposition of management expenses.

C. Article 11(2) of the Defendant’s management rules provides that “the owner, occupant, etc. shall bear every month the management expenses and long-term repair appropriations necessary for the maintenance and management of an aggregate building.” Article 37(1) and (2) provides that “The owner, occupant, etc. shall bear every month the management expenses and long-term repair appropriations.

Management expenses shall be the sum of monthly amounts of the following items, and the composition details and calculation method thereof shall be prescribed by the Enforcement Decree of the Housing Act and attached Table 4, and the calculation method of the amounts to be borne by each household shall be in accordance with the principle of employer burden and the principle

1. General management expenses (expenses necessary for management, such as entrusted management expenses, expendable goods, payment fees, etc.);

2. Cleaning expenses;

3. Guard expenses;

4. Disinfection expenses;

5. Maintenance expenses for elevators, parking machines, septic tanks, house dressing, landscaping, etc.;

6. Depreciation costs;

7. Expenses for cooling and heating;

8. Water supply and sewerage charges;

9. Repair and maintenance expenses (including expenses for customs cleaning of heating and heating facilities, clean control, management expenses for ventilation and sewage purification facilities, medicine, TV subscription facilities, maintenance expenses for satellite antenna facilities, machinery, electricity, fire fighting, and building repairs, etc.) 10. The above public management expenses shall not be deducted even if they were not used due to the users’ circumstances.

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