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(영문) 광주지방법원 2017.06.02 2016가단8621
체납관리비
Text

1. The Defendant (Appointed Party) and the appointed parties shall jointly and severally serve as KRW 32,490,030 on the Plaintiff and the designated parties from June 3, 2017.

Reasons

1. Facts of recognition;

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”), the Plaintiff is an organization established for the management of the said building by consisting of all sectional owners of “A” who are the Seo-gu Seoul Aggregate Buildings.

B. D, the former sectional owner of No. 30 A and B (hereinafter “each of the instant real property”) of the A-1st underground floor, failed to pay management expenses, and the Plaintiff filed an application with D for a payment order claiming management expenses against D, and the payment order for the following contents became final and conclusive:

1) The Gwangju District Court 2009Guj10036 Service Costs (management expenses from June 2004 to September 2006): The debtor finalized on September 24, 2009 shall pay to the creditor 46,808,640 won and damages for delay at the rate of 20% per annum from the day following the day when the original copy of the instant payment order was served on the creditor to the day of complete payment (management expenses from September 201 to June 2013): The Gwangju District Court 2014Gujju District Court 2014Guj7808 Management Expenses (management expenses from September 7, 2011 to June 2013): The debtor on November 7, 2014 shall pay the creditor 15,910,660 won and damages for delay at the rate of 20% per annum per annum from the day after the original copy of the payment order was served on the creditor.

C. Of the management expenses of KRW 46,808,640, the management expenses of KRW 22,582,240, the late payment charges of KRW 24,226,40, which are recognized under the above-mentioned B-1, are management expenses of KRW 15,910,660, the joint management expenses of KRW 9,907,790, and the unpaid delayed payment charges of KRW 6,002,870, which are recognized under the above-mentioned B-2.

On November 4, 2015, the Defendant (Appointed Party) and the appointed parties acquired ownership of each of the instant real estate through purchase in a voluntary auction procedure.

E. The contents of the Plaintiff’s management body agreement are as follows.

Article 8 (Succession of Rights and Duties) The rights and obligations of this Code shall automatically be succeeded to the person who succeeds to the status of the sectional owner when there is a change in the sectional owner in the registry.

The management expenses, etc. borne by the sectional owners, etc. under Article 11 shall be the same.

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