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(영문) 서울동부지방법원 2019.06.14 2018가단135332
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 9,492,90 and the interest rate of KRW 15% per annum from August 29, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the managing body of Seongdong-gu Seoul Seongdong-gu Office for Ground Atel, and the Defendant is a sectional owner who has been owned until now since the registration of ownership transfer for the above officetel F (hereinafter “instant object”) was completed around 2000.

B. The Defendant concluded a lease agreement with G on October 15, 2014 regarding the subject matter of this case, but G did not fully pay rent and management expenses from the time of occupancy.

On March 8, 2017, the Defendant filed a lawsuit against G as Seoul Eastern District Court 2017Gadan4646, and the said court rendered a judgment accepting all the Defendant’s claims on September 14, 2017, and the said judgment became final and conclusive on October 11, 2017.

C. The unpaid management expenses for the instant object from October 2015 to June 2018 are KRW 9,492,990 (i.e., late 8,093,840) (i.e., late 1,39,150).

The relevant provisions of the Plaintiff’s management rules (hereinafter “instant management rules”) shall be as follows:

Article 2 (Definitions of Terms) The definitions of terms used in this Code shall be as follows:

1. The term "in braille" means the owner of exclusive ownership of collective housing which is the object of sectional ownership;

2. The term "user" means a person, other than a tenant, who resides in an apartment house;

Article 11 (Obligations in Braille, etc.) (3) Rentrs shall bear every month management expenses and special repair allowances necessary for the maintenance and management of buildings.

(4) Even if the occupant has lent his/her exclusive portion to a third party, the obligation to pay the management expenses and the special appropriation reserve shall be vested in the occupant concerned.

Article 37 (Late Fees) Management expenses, user fees, and special repair allowances shall be as specified in attached Table 1, and the overdue rate may be adjusted according to the decision of the Steering Committee.

When arrears are overdue for not less than two months, all the restrictive measures (Suspension of Electricity, water supply, hot water supply, parking lot use, etc.) may be taken.

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