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(영문) 서울중앙지방법원 2016.12.16 2016나30646
관리비 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body composed of sectional owners of the “A” shopping mall located in Jongno-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”), which is an aggregate building, and the Defendant acquired the sectional ownership of the fourth floor of the instant shopping mall No. 4-160 (hereinafter “instant store”) on January 7, 2005.

B. The content of the management rules of the instant commercial building (hereinafter “instant management rules”) related to the instant case is as follows.

Article 21 (Profit Distribution of Section for Common Use) Where profits accrue from the use of the section for common use, the manager shall distribute it in accordance with the fixed equity ratio to the sectional owners, etc. at the time of settlement of accounts

In such cases, it may be offset against management expenses borne by sectional owners, etc. according to the resolution of the Representative Committee.

Article 52 (Administrative Fines for Management Expenses, etc.)

1. If a sectional owner, etc. fails to pay management expenses under Article 49 by the due date determined by the administrator, he/she shall pay 5/100 of the amount in arrears plus arrears every month after the due date for payment expires;

2. Where the sectional owners, etc. fail to pay management expenses for not less than two months, the manager may take other necessary measures, such as power failure, suspension, closure, prohibition on the shipment of goods, etc., by a resolution of the representative committee.

C. The total amount of management expenses imposed by the Plaintiff with respect to the instant store from November 29, 2004 to October 2012 is KRW 1,079,970, the total amount of unpaid overdue charges is KRW 1,534,550, and the total amount of unpaid overdue charges is KRW 44,340.

(Total 2,658,860 won) and the total amount of management fees imposed from December 2009 to October 2012 shall be 591,040 won, the total amount of unpaid arrears shall be 412,060 won, and the total amount of late payment shall be 19,900 won (total 1,023,00 won).

On December 11, 2012, the Plaintiff sent a peremptory notice to the Defendant that “from November 29, 2004, the Defendant paid KRW 2,658,860,00 in total, including KRW 1,079,970 and late 1,578,890, which had been unpaid, until December 17, 2012,” and received the instant payment order on December 31, 2012.

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