(영문) 인천지방법원 2018.04.26 2017가합2188

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(영문) 인천지방법원 2018.04.26 2017가합2188

관리비

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1. The Defendant: KRW 186,024,910 for the Plaintiff and KRW 5% per annum from December 9, 2017 to April 26, 2018.

Reasons

1. Basic facts

A. The Meti City management body is a management body composed of sectional owners of the three underground floors and the ten-story aggregate buildings on the ground located on the land of Chuncheon-si automatic 654-9 and six parcels (hereinafter “instant building”).

On August 30, 2013, the Plaintiff was entrusted with the management of the building of this case by the Meti City Council, and is in charge of the calculation, notification, collection, etc. of management expenses from that time.

B. On February 22, 2012, the Defendant is a sectional owner of the said aggregate building 901, and is a lessee who leased the said subparagraph 901 from the Defendant.

Article 9 (Management Expenses, etc.)

6. The monthly management expenses shall be paid to the financial institution designated by the management office by the due date of payment, and the following arrears shall be imposed when arrears are in arrears:

(1) 5% of the overdue charge for one month shall be imposed at the end of two months by adding 1.6% per month.

Article 57 (Duty of Cooperation) Occupants shall actively cooperate with the matters described in the following subparagraphs for the efficient operation and management of buildings and the maintenance of order:

3. Where the management expenses of an occupant are overdue for at least two months, the manager shall notify the occupant in writing to the owner, and may take a short or short measure, and the owner shall actively cooperate with the owner so that the latter can settle such problem, and the owner and the employer shall be jointly and severally liable;

C. The management rules of the building of this case are as follows.

Falking did not pay management expenses of KRW 36,062,480 for the management expenses from April 2012 to June 2013 (=management expenses of KRW 30,052,210 for the principal) and KRW 186,024,910 for the management expenses from December 2015 to July 2017 (=management expenses of KRW 176,864,890 for the principal of management expenses, KRW 9,160,020 for the principal of management expenses).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including each number; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. The cause of the action.

유사 판례

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