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(영문) 서울북부지방법원 2016.09.07 2016가단12998
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 20,818,373 and the interest rate of KRW 15% per annum from March 12, 2016 to the day of complete payment.

Reasons

Facts of recognition

The Plaintiff is a management body of A with three underground floors and fifteen above ground floors located in Junggu-gu Seoul Metropolitan Government, which are prescribed by the Act on the Ownership and Management of Aggregate Buildings. On June 29, 2015, the Defendant acquired 1/2 shares of Section A at auction among subparagraphs 1, 01, 101, 201, 301, 302, 401, 402, 402, 501, 502, and 601 (hereinafter “instant commercial buildings”).

The parts falling under the management expenses and user fees among the management rules of the plaintiff shall be as follows:

Methods for calculating the amounts to be borne by each household of management expenses (Article 45 and attached Table 4 of the Management Rules, Article 45);

1. Settlement system of general management expenses: The expenses actually incurred monthly shall be allocated according to the supply area;

2. Settlement system of cleaning expenses: The actual monthly expenses shall be allocated according to the supplied area;

3. Guard expenses;

4. Disinfection expenses;

5. Settlement system for elevator maintenance costs: The actual cost of each month shall be allocated in proportion to the supplied area; and

Provided, That the first floor is excluded;

6. In cases where a heating system has a heating system, it shall be computed by the measurement number of the heating system, such as a bracker.

Where a heating calorie has not been installed or it is impossible to use it, the actual expenses incurred every month shall be allocated according to the supplied area.

7. The user fee shall be calculated based on the measurement number of measuring instruments for each individual household, the unit price of one square meter determined at the representative meeting of the electricity supply cost management body.

8. Settlement system of repair and maintenance expenses: A monthly amount of actual expenses shall be allocated according to the supplied area; and

In the case of a contract for work, the sum of the expenses referred to in subparagraphs 1 through 5 shall be allocated according to the supplied area as stipulated by a contract between the representative meeting of the management body and the building management business entity, and the expenses referred to in subparagraphs 6 through 8 shall be classified into

배분원칙 : 공급면적(분양면적≒지분)의 비율에 따라 부담 공동사용료의 산정방법(관리규약 제46조, 별표 5) 공동전기료 공동시설 전기료 월간 실제 소요된 비용을 공급면적에 따라 배분한다.

. Elevator fee;

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