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(영문) 수원지방법원성남지원 2015.07.07 2014가합7823
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a management body comprised of sectional owners of the 7th underground floor and the 10th ground-based shopping mall located in 1136, Sung-nam-gu, Sung-gu (hereinafter “instant commercial building”).

B. The Defendant, as the sectional owners of the 9,10th and the 10th and upper floors of the instant commercial building, is operating the film screening business with the trade name, “slurine in the said space”

C. On April 15, 2010, Igriland Co., Ltd. (hereinafter “Igriland”) leased from the Plaintiff the part from the 2nd floor to the 8th floor above the ground of the instant commercial building, and thereafter thereafter, the said part from the 2nd floor to the 8th floor above the ground (hereinafter “the part occupied in Grandland”) operates a mutual string of the “new copia mar store” in the said part from the 8th floor above.

At the time of the above lease, the Plaintiff delegated the management authority over the entire commercial building of this case to Island, and Accordingly, Island Service Co., Ltd. was designated as a management company and has been managing the commercial building of this case since December 2010.

[Reasons for Recognition] Facts without a dispute, entry in Gap evidence 2, 3, 4, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is the cause of the instant claim. The Defendant, as the sectional owner of the instant commercial building, is obligated to pay the Plaintiff the total management expenses (management service expenses, repair and maintenance expenses, cleaning expenses, elevator maintenance expenses, etc.) incurred from December 1, 2010 to August 31, 2014, including KRW 451,504,250, and delay damages.

B. Determination of whether management expenses are management expenses for common areas shall be determined according to the nature of each item of management expenses and the specific details of such use. However, management expenses for common areas mentioned in this context are paid for direct maintenance and management of the common areas of an aggregate building.

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