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(영문) 서울중앙지방법원 2016.10.05 2015가단5321325
관리비
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that executed the business of newly constructing and selling a Mexa Lease Complex (four units of multi-family housing and two units of commercial facilities) in 96 and 98, Sungsung City Return 96, and the Defendant is a company that operates clothing shopping mall, Galet store, etc.

B. The Defendant leased part of the above commercial facilities from the Plaintiff to the present time, and around December 15, 2014, the Plaintiff sold two above commercial facilities to the Muston 10 Co., Ltd. (hereinafter “Muston 10”) a third party.

C. When the Plaintiff and the Defendant concluded the instant lease agreement, they agreed on management expenses as follows:

Article 10 (Monthly Management Expenses, etc.) (1) Management expenses shall be in accordance with management regulations prescribed in Article 37, and management regulations and amendments thereto shall be notified in writing to B.

(2) The management expenses to be borne by Eul shall be imposed by appropriating them as the 35,000 won (Won 35,000 won) only in a lump sum on the basis of the exclusive use area.

In such cases, value-added tax shall be separately paid.

The provisions related to the management expenses under Article 41 (Management Expenses Regulations) of the Molol Lease Management Regulations (Evidence 2 of A) shall be in accordance with the attached Form.

(1) Management expenses shall consist of direct expenses and common expenses.

(2) The direct costs shall be as follows:

(3) Common expenses jointly borne by the occupants, etc. shall be as follows:

(c) All costs incurred in the electricity, water supply and drainage, heating and cooling, mutual assistance, cleaning, cleaning, security, guidance, broadcasting, exchange, sanitation and duties, safety management, welfare and welfare, etc. of common areas;

2. Expenses incurred in the repair, remodeling, restoration, removal of the section for common use, and the operation, check, repair, maintenance, etc. of the facilities;

3. Expenses incurred in joint operation, such as joint business activities;

4. Expenses required for the operation of the Molole Lease Management Office.

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