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(영문) 의정부지방법원 2020.12.03 2020나1692
관리비
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On April 10, 2017, the Plaintiff concluded a building management entrustment agreement (hereinafter “instant entrustment agreement”) with the management committee of the “D” building (hereinafter “instant building”) located in the Namyang-si, Namyang-si (hereinafter “instant building”).

The main contents of the instant consignment contract are as follows.

The term of this contract for the management period under Article 3 shall be three years from April 10, 2017 to April 9, 2020.

Article 4 Contract Method and Amount for the plaintiff's building management shall be as follows:

(1) Contract method: Contract amount: 1,935,00 won (excluding value-added tax) for the settlement of actual expenses other than entrusted management expenses: The plaintiff shall act on behalf of imposing management expenses in accordance with the relevant regulations.

3. Management expenses shall be collected by settling accounts on a monthly basis; and

7.In the case of legal (civil and criminal) problems, notification to the management body and its instruction shall be given.

In addition, when a lawsuit is filed due to the default of management expenses, the management service provider shall not be the subject.

8. The unpaid management expenses and user fees of the lessee shall be borne by the owner in the register of the building and shall be succeeded to by the special successor;

9. When the contract term expires or the lease contract is terminated, the amount of delinquent management expenses and all related user fees shall be settled and refunded.

Article 9 Imposition and collection of management expenses for the management of funds shall be operated by the plaintiff.

B. The Defendant is a sectional owner under the subparagraph of the instant building E (hereinafter “E”).

C. The lessee F in subparagraph E operated the Gnoman Bank in subparagraph E, and the sum of the management expenses up to August 2019, 2018, the 10,068,754 won was unpaid.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion has the authority to collect management expenses from the occupants of the building of this case in accordance with the entrustment contract of this case, and the lessee under subparagraph (e) has unpaid management expenses.

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