logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.05.17 2016나12602
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of real estate sale and lease business, department store business, etc., and is a person who opens a superstore under the Distribution Industry Development Act with the trade name of “D” from the 6th underground floor and the 9th ground-based building (hereinafter “instant commercial building”).

B. From around 1998, the Plaintiff is in the position of a custodian for the instant commercial building pursuant to the Act on the Ownership and Management of Aggregate Buildings.

C. The Defendant is a sectional owner of 1079 on the first floor among the instant commercial buildings.

Until September 2003, the Plaintiff imposed management expenses by dividing them into “management expenses” and “distribution expenses” under an agreement with the sectional owners of the instant commercial building, including the Defendant, by September 2003. Since September 2003, no agreement was reached on the imposition of management expenses, and the Plaintiff imposed management expenses according to the previous agreement.

E. Some sectional owners paid part of the amount imposed as management expenses to the Plaintiff as management expenses.

The details of part of the management expenses imposed by the defendant are as shown in attached Form 1, and the details of the unpaid management expenses after appropriating them for unpaid management expenses in preference to the management expenses paid partially shall be as specified in attached Form 2.

【Ground of recognition】 Each description of evidence Nos. 1 through 20 (including separate numbers, if any)

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant’s amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553) from April 12, 2011 to September 30, 2015, to the Plaintiff as to the unpaid management expenses KRW 20,196,867, and the payment order of this case from April 12, 2011 to September 30, 2015, to the extent that the statutory interest rate is changed to 15% per annum from October 1, 2015 to the date of full payment, and the following day to the date of full payment.

arrow