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(영문) 서울중앙지방법원 2018.07.10 2017가단52642
관리비
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 197,955,850 and KRW 170,320,010 among them, starting from December 6, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization duly established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings for the purpose of carrying out a project for the management of the building, site, and attached facilities of the building of the building of the KSI of the building of the main complex building of the Gangnam-gu Seoul, Seoul, and the Plaintiff is the lessee under Article 2101 of the instant building and the owner under Article 2101 of the instant B10 (hereinafter “Defendant LID”) are the owners under the said B101.

B. The provisions concerning management expenses in the management rules of the Plaintiff are as follows.

Article 6 (Duties of Occupants and Users) (3) The management expenses, special repair reserve, etc. required for the maintenance and management of buildings shall be borne monthly.

Article 22 (Collection of Management Expenses, etc.) (3) If the occupants and users of the heading room are replaced, if there is any overdue management expenses already incurred, the prospective eviction shall be paid in full, and if there is any overdue management expenses, the sectional owner shall pay in full.

(4) Management expenses shall be deemed to have been equally distributed by calculating the total monthly unit price of the building as the total area occupied by the following items:

(5) The imposition of management expenses shall be made in accordance with the area occupied by each occupant.

Article 26 (Late Payment) (1) When an occupant or user fails to pay management expenses by the due date designated by the administrator, he/she shall pay the principal and late payment fees in accordance with the following overdue rates.

C. Defendant Vitice did not pay management expenses from November 2016, and Defendant Vitice did not pay management expenses despite the Plaintiff’s demand for payment, and the Plaintiff notified Defendant Litice, the owner of the land, to pay management expenses on February 2017.

The management expenses and late payment charges of Defendant Fitice, calculated and notified by the Plaintiff in accordance with the management rules, from November 2016 to May 2017.

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