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(영문) 서울남부지방법원 2014.10.30 2014나6287
관리비
Text

1. Of the judgment of the court of first instance, KRW 37,036,713 against the Plaintiff and its related thereto, from July 16, 2013 to October 30, 2014.

Reasons

1. The entry into the judgment of the first instance court of basic facts is same as that of the judgment; and

The Plaintiff, a corporation established for the purpose of building facility management service business, etc., entered into an entrustment management contract with the management committee, which is the management committee of the 3rd underground floor and the 12nd floor C building (hereinafter “instant building”) located in the luminous city around May 2010, with respect to the overall management of the said building (hereinafter “instant entrustment management contract”), and is managing the said building until now.

B. Of the instant building, Nos. 101 and 102 (hereinafter “instant building”) were owned by Nonparty D after completing the registration of ownership transfer on February 4, 2005. The Defendant acquired the ownership by winning the said building at a successful bid on April 26, 2013 in the voluntary auction procedure conducted under the Suwon District Court Ansan Branch E.

C. D did not pay management expenses of KRW 108,757,666 in total as stated in the “amount of monthly management expenses and late payment charges” as stated in the “amount of monthly management expenses and late payment charges” attached to the building in this case (the “amount of charges imposed” in attached Form 108,757,666 in total, and the “amount of charges imposed on exclusive electricity charges and late payment charges” in the “amount of charges imposed on the aggregate of KRW 9,84,758 in total and the “amount of charges imposed on the management expenses” shall be KRW 225,570 in the “amount of charges imposed on August” as stated in the “amount of charges imposed on the construction expenses and late payment charges”. On June 17, 2013, the Defendant paid KRW 15,296,482 in the amount of unpaid management expenses to the Plaintiff.

On the other hand, the sectional owners of the instant building enacted the “C Building Management Regulations” around May 2005, and "the instant management regulations".

(2) Article 34 of the Act provides for the calculation and payment of management expenses for each of the sections of the building of this case, and Article 34 of the Act provides for the following matters:

1. Liability for the payment of management expenses, etc. shall be borne by a person currently occupying and using;

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