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(영문) 서울남부지방법원 2019.11.21 2018나50121
관리비
Text

1. Of the judgment of the court of first instance, the part against the Defendant-Counterclaim Plaintiff in excess of the amount ordered to pay below.

Reasons

1. Basic facts

A. The plaintiff is the council of occupants' representatives comprised of the occupants' representatives of the Geumcheon-gu Seoul Metropolitan Government A apartment (1,000 households, hereinafter "the apartment of this case").

B. The Defendant is a person who owns and resides in the instant apartment C, and from around 2012 to around October 2013, part of the management expenses that ought to be paid to the Plaintiff pursuant to the instant apartment management rules began to be in arrears. However, each of the management expenses was paid from January 2013 to October 2013, but the management expenses was first appropriated with unpaid management expenses and late payment charges from March 2013 (referring to the management expenses imposed on March 2013; hereinafter the same shall apply) to the late payment charges and late payment charges, and was in arrears on March 2013.

C. On the other hand, from July 2013, the Plaintiff selected a construction company as a dispute resolutionD to convert the heating method of the apartment of this case from the existing central heating to the district heating, and performed construction work replacing heating pipes.

However, in the case of the defendant household, the construction was suspended several times and the heating was not completed properly, and the defendant did not pay management expenses to the plaintiff after October 2013 with the intention of a claim against it.

With respect to the cause of delay in the heating conversion work of Defendant Generation, the Plaintiff asserts to the effect that “the Defendant interfered with the construction work by unfairly raising an objection on the agreed date of construction, and thereafter, since the Plaintiff was the executive officers and employees of the Construction Business Co., Ltd., and subsequently, the Plaintiff did not make a serious effort to solve the problem, despite the Plaintiff’s repeated construction completion and the request for repair of defects, and the designation and management of the construction company was very poor, the Plaintiff did not supply heating for several years and the interior walls of the household were destroyed.”

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