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(영문) 의정부지방법원고양지원 2017.07.05 2012가합4497
관리비
Text

1. The Defendant (Appointeds) and the designated parties are as follows: each money in the form of the cited amount in the annexed comprehensive sheet attached to the Plaintiff, and that money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a business entity who is operating the 6th underground and the 9th ground-based building (hereinafter “instant shopping mall”) in Gyeyang-gu, Gyeyang-gu, Seoul, the purpose of which is real estate sale and lease business, department store business, etc., and is a business entity operating the “D” store in the instant shopping mall, and the Defendant (Appointed Party; hereinafter “Defendant”) and the designated parties are the sectional owners of each subparagraph in the attached Table 1 of the instant shopping mall (hereinafter “each of the instant stores”).

The sectionally owned stores are located from the second to the fifth above ground of the commercial building of this case, and the sports center is located from the 6th to the 9th above ground.

B. By September 2003, the Plaintiff divided management expenses into pure management expenses, such as electricity, water supply and drainage, heating and gas charges, expenses, parking management, cleaning, repair of facilities, inspection of common areas, etc., repair, remodelling, restoration, removal, etc., and “management expenses” under the agreement with the sectional owners of the instant commercial building including the Defendant and the designated parties, and “distribution expenses”. Since September 2003, the Plaintiff did not reach an agreement on the imposition of management expenses, and the Plaintiff imposed management expenses under the previous agreement.

C. Some sectional owners paid only part of the amount imposed as management expenses to the Plaintiff as management expenses, and the Defendant and the designated parties did not pay management expenses imposed from September 2003 or paid only part of them.

On the other hand, the appropriate annual average management expenses of each of the stores of this case are as stated in the attached Form "year", and the appropriate management expenses from November 2008 to December 201, 2015 of each of the stores of this case calculated according to the above appropriate ordinary party management expenses are as stated in the above attached Form "regular management expenses" column, and the management expenses paid by the defendant and the designated parties to the plaintiff during the above period are as stated in the attached Form above.

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