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(영문) 대구지방법원 2014.07.31 2012가단66171
관리비청구
Text

1. The defendant shall pay 37,028,690 won to the plaintiff and 20% per annum from February 25, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is an unincorporated association under the Civil Act established by consisting of the representatives of shop owners elected at the general meeting of the shop owners of Daegu Northern-gu C commercial building (hereinafter “instant commercial building”). From August 12, 2008 to August 12, 2008, the Defendant is a sectional owner of 506 and 507 of the instant commercial building (hereinafter “instant store”).

B. A management body composed of all the store owners of the instant shopping district established the management body regulations around 1995, which was changed only to the “A occupancy delegation management rules” at present.

(hereinafter referred to as the “instant management rules” without distinguishing the two. The main contents of the instant management rules concerning management expenses are as follows.

Article 27 (1) The representative group may impose and collect necessary management expenses from shop owners, etc. for the management and maintenance of commercial buildings.

(2) The management expenses shall be divided into the joint management expenses and the individual expense, and the composition thereof shall be as follows:

(1) Joint management expenses.

(a) General management expenses;

(b) Heating and cooling expenses;

(c) Common electricity charges;

(d) Common waterworks charges;

(e) Cleaning expenses;

(f) Expenses for garbage collection;

(g) Disinfection expenses;

(h) Repair and maintenance expenses;

(i) Expenses for joint events for promotion, such as propaganda and advertisements;

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

(a) Electricity rates for each store;

(b) Water supply fees for each store;

(c) Gas charges for each store;

(d) All other management and maintenance costs (iii) management costs shall be charged on the basis of the amount used for one month from the first day of each month to the end of the 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. The defendant is as shown in the attached list.

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