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(영문) 수원지방법원성남지원 2016.05.12 2015가단215495
관리비
Text

1. The defendant (Appointeds), the designated parties, and the defendants attached to the plaintiff

2. The calculation table of management expenses; and

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings with all sectional owners of the building as a member of the 'A' in Seongbuk-gu, Sungnam-si.

The defendants are the areas of exclusive ownership of 501 square meters in the above building: 825.97 square meters, hereinafter referred to as "501 square meters."

co-owners, and shares in co-ownership by defendant shall be listed in the attached Form.

2. The term “share in common” in the management fee calculation table is as indicated.

B. According to the Plaintiff’s management rules, a sectional owner shall pay to the management body the management expenses, special repair reserve, and other all other expenses necessary for the maintenance and management of the building (Article 10(3)), and bear late payment charges calculated by the overdue rate of 1.5% per month in the event of delinquency (Article 10(3)).

(Article XX(1)(c).

Co-owners referred to in 501, including the Defendants, did not pay the management expenses from December 2, 2014 to May 27, 2015. The overdue amount as of July 27, 2015 is KRW 20,976,090 (=management expenses KRW 19,810,790 for overdue interest of KRW 1,165,30).

2. Determination

A. According to the facts acknowledged as above, the Defendants are obligated to pay to the Plaintiff the amount equivalent to their respective shares of co-ownership of the instant overdue management expenses.

On the other hand, Defendant L, C, and M acquired part of their shared shares on May 6, 2015 during the period of the instant overdue management expenses.

The remaining shares of the above defendants and the acquisition date of each share of the remaining defendants are all prior to the period of the overdue management fee of this case.

However, the special successor to an aggregate building succeeds to the part concerning the common area among delinquent management expenses incurred by the former occupant (see Supreme Court en banc Decision 2001Da8677, Sept. 20, 2001; Supreme Court Decision 2005Da65821, Feb. 22, 2007). The said Defendants are obligated to pay the part concerning the common area among delinquent management expenses incurred prior to the acquisition of shares.

Details of calculation of overdue expenses by defendant shall be attached Form.

3. The calculation of the management expenses shall be made; and

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