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(영문) 의정부지방법원고양지원 2016.11.30 2011가단17031
관리비
Text

1. The Defendant’s KRW 20,196,867 as well as the Plaintiff’s KRW 20% per annum from April 12, 2011 to September 30, 2015.

Reasons

1. Basic facts are real estate sales and rental businesses, department stores businesses, etc., and the Plaintiff is a person who opens a superstore under the Distribution Industry Development Act with the trade name of “D” from the 6th underground floor and the 9th ground-based building (hereinafter “instant commercial building”).

From around 1998, the Plaintiff has the status of the manager of the instant commercial building in accordance with the Act on the Ownership and Management of Aggregate Buildings.

The defendant is a sectional owner of 1079 of the first floor among the commercial buildings of this case.

Until September 2003, the Plaintiff imposed management fees by dividing them into “management expenses” and “distribution expenses” under an agreement with the sectional owners of the instant commercial building, including the Defendant, by September 2003. Since September 2003, no agreement was reached on the imposition of management expenses, and the Plaintiff imposed management expenses according to the previous agreement.

Some sectional owners paid part of the amount imposed as management expenses to the Plaintiff, and the details of the Defendant's partial payment are as shown in attached Table 1, and the details of the unpaid management expenses after appropriating them for unpaid management expenses prior to the partial payment of management expenses are as shown in attached Table 2.

【Ground for Recognition: Each description of Gap evidence 1 to 20 (including additional numbers, if any)

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid management expenses KRW 20,196,867 and the amount at the rate of 20% per annum from April 12, 2011 to September 30, 2015, and 15% per annum from the next day to the date of full payment, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The defendant asserts that the distribution expenses among the management expenses imposed by the plaintiff are included, and that the management expenses were calculated without deducting the distribution among the profits from the common areas.

In full view of the aforementioned evidence, the distribution cost column is the sum total of the arguments.

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