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(영문) 서울남부지방법원 2017.02.15 2016나5950
관리비
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are dismissed, respectively.

2. Demanding and expanding the costs of appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the corresponding part of the judgment of the court of first instance, except for the cases where the corresponding part of the judgment of the court of first instance is changed or added as stated in the following Paragraph 2. Thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part to be judged after cutting or adding;

A. On the 3rd page of the judgment, the phrase “by frequent breakdown” is deemed to be “by frequent breakdown.”

B. On the fourth page of the judgment, the phrase “47,100,000 won” is deemed to read “52,050,000 won.”

C. The part of the “272,700 won” of the 7th written judgment is deemed to be “271,700 won”.

The following shall be added to Chapter 8 of the Court Decision:

The plaintiff asserts that since the defendant did not report the management expenses revenue to the tax office, and all the money that the defendant spent for the management expenses was deducted from the rent revenue to the necessary expenses and processed the tax, the above money cannot be deemed as the expenditure for the management expenses.

However, the expenses that the Defendant spent for the maintenance, repair and management of the building are all the expenses that the nature of the expenses is different depending on whether the Defendant reported the management expenses to the tax office or whether the expenses were deducted from any item in the tax processing. Thus, the Plaintiff’s above assertion is without merit.

3. If so, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion. Thus, the plaintiff's appeal and the claim extended in the court of first instance shall be dismissed as it is without merit. It is so decided as per Disposition.

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