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(영문) 부산지방법원 2017.02.15 2016가단18919
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 21,268,368 and the interest rate of KRW 15% per annum from April 8, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The instant commercial building was sold to the purchaser and seller as the implementer and the purchaser of the instant commercial building, which is an aggregate building of the fourth and fourth underground in Busan Shipping Daegu, and the fifth and fourth apartment buildings (hereinafter “instant commercial building”), and the sales contract was prepared with the following contents.

Article 15 [Management and Maintenance of Facilities] (4) In principle, "B" shall be managed after the commencement date of occupancy, and an autonomous management committee shall be organized and managed within the prompt time.

Provided, That until the autonomous management committee is organized, "B" shall delegate all the affairs concerning the overall management of facilities, such as the selection of building managers, to "A", and "A" shall select a building manager at least one month prior to the date of designation of occupancy.

The term "A" shall be two years from the date of designation of occupancy, and the building manager shall be selected and implemented, as prescribed by the management regulations or the autonomous management committee.

Management expenses, etc. shall be borne by "B", and detailed matters shall be governed by a separate management contract.

(5) When “A” intends to terminate the delegation management and convert “B” to autonomous management, “B” shall notify “B” of this intention, and “B” shall have the right to manage within one month from the date on which it is notified, and upon the expiration of that period, “A” may unilaterally extend or terminate the management for one year, and “B” shall not raise an objection thereto.

B. On June 26, 2013, the sales price of 3,100,00,000,000 won for the instant commercial buildings, among the Defendant and the instant commercial buildings, as to the sales price of 104, 106, 107, 108, 109 through 116, 109 through 116, 204 through 208 on the ground, and special agreement;

2. A sales contract to include lease deposit (hereinafter “instant sales contract”) was concluded, and on June 28, 2013, the registration of ownership transfer was completed in the future for the Defendant regarding the said real estate.

On the other hand, the defendant's above sale real estate Nos. 104, 106, 108, and 115, 116.

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