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(영문) 의정부지방법원 2018.06.22 2017가단4737
관리비
Text

1. The Defendants: (a) KRW 30,252,001 for each Plaintiff and KRW 5% per annum from September 1, 2017 to June 22, 2018; and (b).

Reasons

1. Basic facts

A. The Plaintiff is a company that entered into an entrustment management agreement with the instant management body for the instant commercial building (hereinafter “instant commercial building”) in Namyang-si, Namyang-si. The Defendants are sectional owners holding 1/2 shares of the instant commercial building from October 24, 2014 to October 24, 2014.

B. The provisions related to management expenses in the management rules of the commercial building of this case are as follows.

Article 43 (Methods of Imposition and Collection of Management Expenses)

1. The expenses incurred from the first day of each month to the end of the payment notice shall be notified to the occupant by seven days before the payment deadline, specifying the items of the management expenses, the payment period, the place for payment, etc.;

3. The deadline for payment of management expenses shall be the last day of the month in which the relevant management expenses are imposed, but where the payment deadline falls on a legal holiday, the first working day following such legal holiday.

4. Detailed matters concerning the distribution and imposition of management expenses shall be determined separately by the representative committee for imposition of management expenses.

Article 46 (Administrative Fines for Management Expenses, etc.)

1. If a sectional owner, etc. fails to pay management expenses under Article 40 and special repair appropriation funds under Article 43 by the management authority within the specified deadline, he/she shall pay them in addition to the arrears prescribed by relevant

Article 47 (Bearing of Management Expenses)

1. A sectional owner and a possessor are liable to bear management expenses;

2. Where a sectional owner or possessor has failed to make a sale due to personal circumstances, he/she shall be liable to pay general management expenses, basic user fees, common user fees, etc., and he/she shall not make a sale at the time of

C. Of the consignment management contract concluded between the management body and the Plaintiff of the instant commercial building, the provisions related to the management expenses are as follows.

Article 3 (Management Affairs) The parts to be managed and the details of entrusted affairs by a management office shall be as follows:

(C) The collection and receipt of management expenses and the payment of taxes and public charges by proxy Article 7 (Management Expenses) (a) the management expenses shall be collected monthly fixed amounts every one month.

(c)the owner and the occupant.

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