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(영문) 울산지방법원 2019.11.07 2018나25496
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is an organization consisting of occupants of the apartment of this case for the management of Ulsan-gun C (hereinafter "the apartment of this case") located in Ulsan-gun, Ulsan-gun, and the defendant is the owner of the apartment of this case and resides in the above apartment of this case.

B. The Defendant, while residing in the instant apartment No. D, failed to pay the instant apartment management fee, and up to January 2018, the Defendant’s delinquent management fee and its late payment charge are KRW 2,783,660.

C. Meanwhile, the main contents of the management rules for collective housing of the instant apartment (hereinafter “instant management rules”) are as follows.

Article 2 (Scope of Application): It shall apply to multi-family housing in the apartment complex of this case, incidental facilities and welfare facilities jointly owned by occupants, and the management and use of the site thereof.

Article 3 (Qualifications for Residents, etc.) (1) The owner of a multi-family housing shall commence when he/she acquires a divided ownership of one household, and terminate when he/she loses such divided ownership.

(2) The employer's qualification shall be extinguished when a house, chonsegwon, right of lease, etc. is acquired by one household, and when such right is lost.

Article 4 (Rights of Occupants, etc.) (1) Eligibility for election, the right to vote, and the right to dismiss the Chairperson and Auditor of the Autonomous Steering Committee and the right to dismiss the representatives (the head of Ban, etc.) of each Dong and the right to dismiss them (Duties of Occupants, etc.) (2) In cases of delinquent management expenses, user fees, etc

Article 8 (Election and Duties of Autonomous Chairperson) (1) The Autonomous Chairperson shall be elected by the direct election of occupants of apartment houses, and in the case of a single candidate, by the consent of the majority or more of the total voters.

Article 22 (Election of President of Autonomous Council) (3) The resident who has resided in an apartment house and has resided therein for not less than three years as a resident of the apartment house (which can be owned by the father or the joint name), Article 24 (Election of President of Autonomous Council): the management expenses for the resident of the apartment house.

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