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1. The Defendant’s KRW 35,695,590 as well as the Plaintiff’s annual rate from October 1, 2014 to October 22, 2014, and the following.
Reasons
The plaintiff, around 2003, newly constructed a 5-story D building building (hereinafter referred to as the "instant building") on the ground of Gwangju Northern-gu, Gwangju, in order to sell part of the households (No. 102, 103, 104, 105, 204, 303, 401, 402, 501, 502), and the defendant purchased 402 units (area 159 square meters) from among the instant building from the plaintiff on March 11, 2003, and completed the registration of ownership transfer on June 26, 2003.
The Plaintiff, while selling the above 402 units to the Defendant, agreed to manage the instant building between the Defendant and the Plaintiff, and collect management expenses (excluding electricity charges and water charges) calculated at KRW 6,000 per square meter from the Defendant, and the Plaintiff entered into an agreement with the other sectional owners to the same effect.
Accordingly, from around 2003, the Plaintiff began to perform duties such as management of common areas of the instant building, and payment and collection of public charges.
Around that time, the Defendant paid every month management expenses calculated as KRW 6,00 for about six years, but the Defendant thereafter raised an objection to the management expenses, and began not to pay the management expenses calculated as KRW 6,000 per square day, electricity charges, water charges, water charges, etc. imposed by the Plaintiff according to the amount of use. The sum of management expenses, electricity charges, water charges, etc. that the Defendant did not pay by September 2014 is KRW 35,695,590.
Meanwhile, prior to the instant lawsuit, the Plaintiff filed a lawsuit against the Defendant for the payment of management expenses around 201, and the Plaintiff, while withdrawing the lawsuit, reserved the amount of KRW 10 million for the unpaid amount in 2010 between the Defendant and the Defendant until a considerable period of time exists.
The unpaid portion in 2011 shall be adjusted by December 31 in addition to the monthly payment in consecutive order.
Written confirmation of the content of “the document” has been drawn up.
【Ground of recognition】 The Plaintiff’s assertion that there was no dispute, as indicated in Gap’s evidence Nos. 1, 3, 8, 9, 10, and 13, and as a whole, constitutes the sectional owners of the instant building on April 201.