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(영문) 서울중앙지방법원 2015.07.15 2015가단23190
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 27,53,780 as well as 20% per annum from May 8, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is the managing body of the Atel located in Jongno-gu Seoul Metropolitan Government and on one parcel (hereinafter the instant officetel), and the Defendant is the owner of the instant officetel No. 101 (hereinafter the instant store).

B. The Defendant leased the instant store to D (E), and D did not pay management expenses of KRW 25,154,910 from March 2013 to March 4, 2015.

C. The instant management rules stipulate that “management expenses in arrears by a lessee shall be jointly and severally paid by the relevant sectional owner (Article 23 subparag. 6).”

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 4-1 through 3, Gap evidence 5-1, 2, and Gap evidence 6, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, who partitioned the store of this case, is obligated to pay management expenses 25,154,910 won in arrears to the plaintiff who has the authority to collect management expenses of the store of this case and delay damages.

Therefore, the defendant asserts that the above management expenses are set excessively higher than the management expenses of "F" of neighboring officetels, and that there is no obligation to comply with the plaintiff's claim. However, it is insufficient to conclude that the defendant's above management expenses have been set at a higher level without reasonable grounds on the basis of the following: (a) evidence No. 1, No. 2-1, No. 2-1, No. 5, No. 3-5, No. 3-5, and No. 5, which are submitted by the defendant on the ground of differences between "F" and the office of this case, which are referred to as "F" as the comparative basis; and (b) evidence No. 3 and No. 8 are not evidence to acknowledge that the above management expenses have been set at a higher level without reasonable grounds; and (c) according to the items of evidence No. 3 and No. 8, the plaintiff is included in general management expenses, parking fee maintenance expenses, welfare expenses, long-term repair expenses, repair expenses, maintenance expenses,

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