beta
Text
1. The Defendant’s annual interest in KRW 22,148,960 among the Plaintiff’s KRW 30,406,380, from January 25, 2017 to August 25, 2017.
Reasons
Basic Facts
A. The Plaintiff is a manager who is entrusted with management affairs, such as imposition, collection, deposit, and use of management expenses for the instant building by the B management body (hereinafter “instant management body”) comprised of all sectional owners of the Seoul Gwangjin-gu Condominium (hereinafter “instant condominium”) and imposes management expenses for the instant building.
B. The Defendant is the owner of 31 stores (the second floor C-069, A-042, B-050, D-025, D-025, 7-015, A-038, 042, 043, 056, 057, C-051, 052, 053, 054, 058, 060, 061, D-04, 010, 011, 018, 019, 022, 024, 026, 030, 031, 039, 043, 046, 047, collectively, of the instant building.
C. The main contents of the instant management rules by which sectional owners, including the Defendant, belong (hereinafter “instant management rules”) are as follows.
Article 6 (Rights and Duties of Sectional Owners)
5. Obligation to bear management expenses, etc. required for maintenance and management of buildings;
7. The administrator under Article 42 (Obligations of Managers) shall perform the following duties:
7. Affairs concerning the imposition, collection, deposit, and use of management expenses. Article 50 (Administrative Fines on Management Expenses, etc.)
1. If a sectional owner, etc. fails to pay management expenses under Article 47 by the due date determined by the administrator, 5/100 of the amount in arrears shall be paid in addition to the overdue charge every month after the due date for payment expires;
From December 2, 2015 to June 2016, the sum of the principal of management expenses and late payment fees incurred pursuant to the instant management rules with respect to the Defendant-owned stores is KRW 43,923,630, and the sum of late payment charges is KRW 8,257,420, among the management expenses and late payment charges incurred pursuant to the instant management rules.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, and the plaintiff's argument that the whole purport of the pleading is the cause of claim.