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(영문) 서울동부지방법원 2016.01.14 2014가단19012
관리비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 13,736,610 to the Plaintiff (Counterclaim Defendant) and its related amount from February 25, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Plaintiff is a management body comprised of all sectional owners of the Gu's port home (hereinafter “instant building”), which is an aggregate building of 109 land in Gwangjin-gu, Seoul. The ratio of the area of the housing and the section for exclusive use of the commercial building among the above buildings is 8:2.

B. Relevant parts of the building management rules of this case enacted in April 2007 and amended in October and November 2009 are as follows.

Article 2 (Definition of Terms) The definitions of terms used in this Code shall be defined as the Aggregate Buildings Act and the Housing Act and subordinate statutes and shall be as follows:

4. The term “sectional owner, etc.” means a sectional owner and a possessor;

Article 7 (Establishment, Amendment and Abolition of Regulations) (1) The establishment, amendment and repeal of regulations shall be done at the managing body's meeting with the approval of at least 3/4 of both sectional owners and voting rights.

In such cases, if the establishment, amendment, or repeal of regulations has a special effect on some sectional owners' rights, the consent of such sectional owners shall be obtained.

Article 41. The apportionment ratio of management expenses. (2) The distribution of joint management expenses for commercial buildings (including business facilities) and residential facilities shall be as follows:

1. Apartment: The amount equivalent to 60% of the amount of the co-management expenses shall be allocated to the parcelling-out area;

2. Commercial buildings: The amount equivalent to 40% of the amount of expenses under joint management shall be allocated to the parcelling-out area;

C. The Defendant agreed, from the Plaintiff, to lease KRW 50,00 per month from August 1, 2009 to December 31, 201, the apartment joint management cost imposed pursuant to the management regulations on the leased object was to be borne by the Plaintiff (Article 3 of the Lease Agreement No. 13). The Defendant leased No. 13 of the above building No. 999-1 on the first floor of the building owned by the Plaintiff (hereinafter “wason Korea”) and combine each of the above leased premises by leasing No. 1 of the above building No. 306.59 square meters from August 1, 2009 to December 31, 201.

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