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(영문) 서울동부지방법원 2015.04.21 2014가단26188
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 39,732,680 as well as 20% per annum from April 22, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a manager entrusted with the management of the instant condominium and delegated with the authority to collect management fees by the management body of the management body of the Management Body of the Teamae 21, which is composed of all sectional owners of the teamae 21 Condominium (hereinafter “the instant condominium”) located in the Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu.

B. On October 13, 1998, the Defendant completed the registration of ownership transfer concerning B and C among the instant aggregate buildings, and completed the registration of ownership transfer concerning D among the instant aggregate buildings on June 4, 2004.

(hereinafter “each building of this case”). C.

The provisions of the rules of management body of the aggregate building in relation to the instant case are as follows:

Article 6 (Rights and Duties of Sectional Owners) Section 6. Sectional owners shall have the following rights and duties:

5. Obligations to bear expenses, etc. incurred in maintaining and managing a building and Article 50 (Administrative Fines on Management Expenses, etc.);

1. If a sectional owner, etc. fails to pay management expenses under Article 47 by the designated payment deadline, he/she shall pay 5/100 of the unpaid principal plus late payment fees every month after the expiration of the payment deadline;

The Defendant did not pay the management expenses for each of the instant buildings from around 2011 to February 2014, which led to the total of KRW 25,381,400, and the late payment charges amounting to KRW 14,351,280, as shown in the separate sheet.

[Grounds for Recognition: Evidence Nos. 1 through 3, Evidence No. 4-1, 5, 6, 5-1, 5, and 6-1, 5, and 6-2, the purport of the whole pleadings]

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above overdue management expenses and late payment charges totaling KRW 39,732,680 ( KRW 25,381,400) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 22, 2014 to the day of full payment, as the plaintiff seeks.

3. Thus, the plaintiff's claim of this case.

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