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(영문) 제주지방법원 2018.10.25 2017나2694
관리비등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a residents' autonomous committee composed of 42 residents in total of the 42 households of A apartment operation in Jeju-si C and D (hereinafter “instant apartment”), and the Defendant purchased the instant apartment E and completed the registration of ownership transfer on April 19, 2016.

Article 2 (Operational Rules) of the Management Rules of the apartment of this case shall set up the Management Committee of the apartment of this case for the smooth management and operation of the apartment of this case and shall execute the following resolutions:

5. A case of determining the burden of management expenses of the occupants shall be comprised of all the occupants under Article 5, and shall be held once a year;

1. The annual meeting shall be held by the president during one to three months each year.

5. Amendment to the management regulations.

7. The ordinary general meeting shall be comprised of not less than a majority of all occupants present, and shall be decided with concurrent votes of a majority;

Article 12 (Management Expenses) An occupant shall pay management expenses in accordance with the purpose of Article 1.

1. The management expenses shall be notified by the operating committee of decisions;

B. The Plaintiff has collected management expenses from the members based on the “A Apartment Management Rules” (hereinafter referred to as the “instant Management Rules”) and “A Apartment Management Rules” (hereinafter referred to as the “Rules for Calculation of Management Expenses in this case”) with the following contents as follows.

C. From April 2016 to April 2017, the Plaintiff claimed to the Defendant for a total of KRW 948,040,040 (hereinafter “instant unpaid management expenses”) for management expenses for the total of 13 months, as indicated in the “amount to be imposed” in the attached Form No. 13 of the details of the payment of management expenses each month. However, the Defendant did not pay the unpaid management expenses.

The detailed items of the management expenses of the apartment of this case consist of the manager's wages, US dollars wages, elevator maintenance expenses, common electricity charges, elevator electricity charges, elevator electric charges, water pumps electric charges, long-term repair appropriations, long-term repair appropriations, manufacturing expenses, and water supply fees

All expenses shall be incurred from office expenses, general consumption expenses, telephone user fees, water quality inspection expenses, information expenses, fire hydrants, fire fighting safety expenses, and other expenses.

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