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(영문) 대구지방법원 2014.10.08 2013나22704
관리비청구
Text

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

Reasons

1.The following facts of recognition are not in dispute between the parties, or may be admitted upon full consideration of the entries in Gap evidence 1 to 9, 11 to 14 and the whole purport of pleadings:

The Plaintiff is a management body comprised of all sectional owners of the Daegu Northern-gu A shopping mall (hereinafter “instant shopping mall”). From January 23, 2007 to January 23, 2007, the Defendant is a sectional owner of the second floor No. 219 (hereinafter “instant store”).

B. Among the instant management rules, the main provisions concerning management expenses are as follows among the management rules concerning the instant commercial buildings established by the Plaintiff on the main provisions concerning management expenses (hereinafter “instant management rules”).

Article 27 (2) Management expenses shall be classified into expenses for joint management and expenses for personal expenses, and the composition thereof shall be as follows:

(1) Joint management expenses.

(a) General management expenses;

(b) heating and cooling expenses;

(c)joint electricity charges;

(d)joint water supply charges;

(e) cleaning costs;

(f)the cost of garbage collection;

(g) disinfection costs;

(h) repair and maintenance expenses;

(i) expenses for joint events of promotion, such as propaganda and tolerances;

(j) All other management and maintenance expenses that cannot be imposed for each store.

(a) electricity rates for each store;

(b)water rates for each store;

(c)gas charges for each store;

(d) All other management and maintenance expenses (iii) management expenses shall be imposed and collected on the basis of the amount used for one month from the first day of each month to the end of each month.

(6) The late payment charge amounting to 10% of the management fee may be imposed and collected separately in accordance with the following standards for shop owners, etc. who have failed to pay the management fee, and necessary measures may be taken, such as restrictions on the use of the common

5% of the overdue rate exceeding 3 months in the period of 1 month and 2 months, 10%

C. Of the management expenses and arrears imposed on the Defendant from April 2008 to August 2013, 2013, part of the portion of November 23, 2008 (payment of KRW 200,000 on December 23, 2008, and KRW 2,100 on December 30, 2008), and the payment of KRW 2,100 on the Defendant.

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