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(영문) 대전지방법원 2017.05.18 2015가단42022
관리비
Text

1. As to KRW 27,959,140 and KRW 25,590,90 among them, the Defendant shall pay to the Plaintiff the year from January 23, 2016 to May 18, 2017.

Reasons

1. Facts of recognition;

A. The management rules for the Daejeon-gu Atel (hereinafter “Atel”) which is an aggregate building are stipulated as follows:

Article 3: Facility occupants and users shall jointly pay expenses incurred in the management and operation of buildings, such as management rules and management expenses prescribed by the management and operation committee.

Article 5:The Management and Operation Committee shall be comprised of all sectional owners, and the general meeting of the Management and Operation Committee shall have the authority of the Management Committee prescribed by the Act on Ownership and Management of Condominiums in connection with the management and operation of A

Article 20: 10% per month (one time) shall be added to the occupant, etc. who has not paid management expenses, etc. within the deadline.

B. The Plaintiff is a Atel management and operation committee as stipulated in the above management rules, and the Defendant owns Atel No. 303 from October 21, 2005 to October 303.

C. With respect to Atel No. 303, the sum of management expenses from December 2011 to January 2015, 25,590,900, and the sum of late payment charges of KRW 2,368,240 was not paid.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant, as the owner of Atel No. 303, is obligated to pay the late payment charges for management expenses and unpaid management expenses to the plaintiff, who is the management committee of Atel.

Therefore, the defendant should pay to the plaintiff 27,959,140 won (management expenses of KRW 25,590,900 and late payment charges of KRW 2,368,240) in total and KRW 25,590,90 of management expenses from December 2011 to January 2015 (management expenses of KRW 25,590,90) and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from January 23, 2016 to May 18, 2017, which is clear that the defendant's objection is the next day after the delivery of the complaint of this case, and from the following day to the day of full payment, damages for delay calculated at each rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. The plaintiff.

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