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(영문) 인천지방법원 2015.01.14 2014가단25657
관리비
Text

1. The Defendants’ respective KRW 1,288,920 for each of the Plaintiff and 5% per annum from November 13, 2012 to January 14, 2015.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in the statement No. 16.

A. It is called "No. 307 of No. 307 of the third floor of the building A located in Nam-gu, Incheon, Nam-gu, Incheon, which is owned by the D apartment reconstruction association."

On June 17, 201, with respect to each one-half equity interest, each transfer registration was completed in the name of the Defendants on June 17, 201. (B) Meanwhile, D apartment reconstruction association did not pay the total of 2,57,840 won (308,630 won on July 7, 2009, KRW 229,230, KRW 269, KRW 269,180 on September 2009, KRW 264,920 on October 264, 200, KRW 280, KRW 630 on November 27, 2009, KRW 260 on December 267, 207, KRW 300 on April 29, 201, KRW 3030 on September 31, 200, KRW 2030 on September 19, 2030 on September 209, 209.

2. Determination

A. The Plaintiff’s alleged Defendants are owners of 307, and thus, each of them is obligated to pay the principal management fee for common areas of 307,577,840 won and damages for delay incurred before the completion of the registration of ownership transfer.

B. In light of the determination, Article 17 of the Act on the Ownership and Management of Aggregate Buildings provides that "each co-owner shall bear the expenses for the management of the section for common use according to the ratio of his/her share, unless otherwise stipulated by the regulations." However, it is insufficient to recognize that the Plaintiff management rules have been established at the time when the management expenses for the section for common use under Article 12 and 13 of the Act were unpaid. However, even if there is no management rules effective for the collection of management expenses, a sectional owner shall pay the management expenses for the section for common use according to his/her share ratio, and the management expenses for the section for common use is succeeded to the specific successor of the former sectional owner of the aggregate building (see, e.g., Supreme Court Decision 2004Da3598, Jun. 29, 2006). The Defendants shall pay the principal of the unpaid management expenses

For the following amounts, health expenses:

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