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(영문) 의정부지방법원 2016.02.18 2015나9753
관리비
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the respective "attached Form 2" in the 2nd, 8, 12, 17, and 3th, of the judgment of the court of first instance are as follows; and (b) the reasons for the judgment of the court of first instance are as stated in the reasoning of the judgment, except for the additional determination as to the defendant's assertion as follows; and (c) therefore, they are cited in accordance with the main sentence of Article

2. The defendant asserts to the effect that the special successor of the sectional owner succeeds only to the delinquent management fee for the section for common use among the delinquent management fee for the former sectional owner, which includes the expenses incurred in maintaining both the section for common use and the section for common use.

The management expenses for common areas that are succeeded to a specific successor of the former sectional owner of an aggregate building shall be deemed to include not only the expenses disbursed for the direct maintenance and management of the common areas of an aggregate building itself, but also the expenses disbursed for the whole maintenance and management of an aggregate building including a section for exclusive use as well as the expenses that need to be uniformly maintained and managed for the common interest of all occupants. Therefore, the expenses that need not be spent in lump sum can be clearly divided into the expenses used for the part that actually and specifically belongs to the individual interest of the occupants, unless they can be clearly divided into the expenses used for the individual interest

(see, e.g., Supreme Court Decision 2004Da3598, 3604, Jun. 29, 2006). In full view of the overall purport of the arguments in evidence Nos. 7, 8, 9, 10, 15, 16, 17, 20, 21, and 21 (including the number of pages) of the evidence Nos. 7, 8, 9, 17, 20, 20, and 21 (including the number of pages), the specific items of the delinquent management expenses the plaintiff sought against the defendant are "general management expenses, cleaning expenses, disinfection expenses, elevator maintenance expenses

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