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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts
A. The Plaintiff is a management body comprised of sectional owners of “A”, an aggregate building located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendant is a sectional owner of the fifth fifth floor 5115 square meters store (exclusive use area of 3.8 square meters; hereinafter “instant store”).
B. Around July 2010, D leased the fourth or seventh floor of the instant building from A, a corporation, and operated the instant database (hereinafter “instant database”) from around that time. Following D’s following operation, E retired from the leased premises at the end of January 2015.
C. In accordance with the instant building management rules and the resolution of the Representative Committee, the Plaintiff imposed and received monthly management expenses for the instant building owners and lessees. As to the stores in the state of public room, 22,000 won was imposed each month for the public room management expenses per Gu (3.8 square meters for exclusive use area, 7.48 square meters for public use area).
Article 2 (Definition of Terms) The definitions of terms used in this Code shall be as follows:
3. The term “Lessee” means a person who has moved in under a lease contract with a sectional owner;
4. The term “in braille” means a person who occupies the section for exclusive use of A, and a sectional owner or lessee who directly manages the store;
Article 28 (Management Expenses) The Management Company or the Representative Committee may impose management expenses on sectional owners or shop occupants.
Article 29 (Duty of Payment)
1. The sectional owner or lessee shall pay the management expenses necessary for the maintenance and management of the commercial building and shall be responsible for compensating for all the damages incurred therefrom if he/she fails to pay them more than three consecutive times;
2. If the lessee fails to pay the management expenses, the sectional owner shall be liable;
The management expenses calculated under Article 30 (Delivery of Notice) shall be served on a sectional owner or lessee 20 days prior to the due date for payment.
(b).