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(영문) 의정부지방법원 2018.01.10 2016나8788
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. Basic facts

A. The Plaintiff is a management body established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings as members of all sectional owners of “A” (hereinafter “instant building”), which is an aggregate building located in the territory of Pakistan.

B. On April 23, 2009, the Defendant is the owner of each of the above stores where the first floor 20 units of the instant building (hereinafter “instant 20 units”), the first floor 23 units of the instant building and the 39 units of the instant 1st floor of July 16, 2009 (hereinafter “instant 23 units and the 39 units of the instant 20, 23 and 39 units of the instant 39 units of the building, and the instant units of the 20th unit, 23, and 39 units of the instant units of the building, and the registration of ownership transfer was completed on December 8, 2009.

C. The Defendant did not pay the management expenses incurred at each of the instant stores from January 201, 201. The management expenses incurred at each of the instant stores from January 201 to June 2015, which the Defendant did not pay in relation to each of the instant stores, are the same as indicated in the attached Table of the current status of the imposition of the management expenses in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (which include branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the Defendant, barring any special circumstance, is obligated to pay to the Plaintiff the sum of the management expenses incurred from the store No. 20 from July 2012 to June 2015, 2015, including KRW 4,021,645, and ② the aggregate of the management expenses incurred from the store No. 23 from July 2012 to June 2015, for the store No. 23, KRW 1,867,189, and ③ the aggregate of the management expenses incurred from the store No. 39 from July 2012 to June 2015, 2015.

B. Meanwhile, the Plaintiff: (a) the air conditioners located in the store No. 20 of the instant case (hereinafter “instant air conditioners”) are air conditioners located in the store No. 20 of the instant case (hereinafter “instant air conditioners”) from January 2015 to March 20 of the same year; and (b) the same year from July 20 of the same year.

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