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(영문) 서울동부지방법원 2019.09.18 2019나21523
관리비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the following "the part amended by 2.2". Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. From the fourth to fifth of the judgment of the court of first instance, the appeal shall be dismissed in the following manner:

On the other hand, the plaintiff does not provide for the procedures for reduction of overdue charges due to the default on management expenses, and the provisions for collection of overdue management expenses are not not the regulations of the management body of the aggregate building of this case, and thus, it cannot reduce or exempt overdue charges and legal procedural expenses. The plaintiff asserts that in order to exempt overdue charges and legal procedural expenses, the assembly of the management body must pass a resolution, and that there is no authority to agree to exempt the plaintiff, who has only the authority to impose and collect management expenses, from overdue charges

In full view of the following facts: (a) No. 9-1, (b) No. 9-2, and (c) No. 4; and (b) testimony and the purport of the testimony and the entire argument of the first instance trial witness F, the rules of the management body of the instant aggregate building set forth by the management body of the instant aggregate building provide that the representative committee shall determine and deal with the matters concerning the determination of basic policies on the management of the instant aggregate building, the deliberation and approval of budget and settlement of accounts, such as management expenses, and the enactment, alteration, and abolition of regulations necessary for building management; and (b) accordingly, the representative committee of the management body of the instant aggregate building decided to delegate all the authority to collect unpaid management fees and arrears, including the decision on whether to partially reduce or exempt arrears on April 14, 2014; and (c) the Plaintiff shall collect management fees, late payment fees, etc. by reducing or exempting part of late rent in the case of joint rental in order to promote

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