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(영문) 서울북부지방법원 2015.06.02 2014나4727
관리비
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization composed of merchants operating in the store in accordance with the management rules A located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant management rules”), and is performing the management affairs of the said commercial building, including the imposition and collection of management expenses.

B. On August 17, 2004, D completed the registration of ownership transfer on the ground of sale due to voluntary auction as to No. 5 of the above shopping mall No. 5 (hereinafter “instant store”). The Defendant purchased the instant store from D and completed the registration of ownership transfer under the name of the Defendant on September 2, 2013.

C. D did not pay 1,202,510 won for public use management expenses (hereinafter “management expenses before succession”) from June 2006 to December 2, 2006 regarding the instant store, and the Defendant did not pay 1,202,510 won for public use management expenses (hereinafter “management expenses after succession”). After having owned the instant store, the Defendant did not pay 1,891,320 won for management expenses after September 2013 (hereinafter “management expenses after succession”).

The main contents of the instant management rules are as follows.

Article 7(2)(c) An occupant shall bear each month management expenses and special repair reserve funds necessary for the maintenance and management of common stores.

Article 10 (Succession to Rights) The management entity may also exercise the right against the user fee of the management advance and general management expenses and the person who has succeeded to the status of the occupant of the claim for the special repair reserve.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 5-1, Gap evidence 6, 8, 9, Eul evidence 1, the purport of the whole pleadings

2. Determination on the part concerning the claim for management expenses before succession

A. The part concerning the management fee for common areas in Article 10 of the Management Rules which stipulates that the co-owner may exercise against the successor to the status of the tenant regarding the general management fee for determining the cause of the claim shall also be the special successor.

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