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(영문) 울산지방법원 2019.05.09 2018나23209
관리비
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a prosperity club consisting of merchants in the building A of Ulsan-gu, Ulsan-gu, and the Defendants are the said building D (hereinafter “instant commercial building”).

A) The owners, who were jointly owned from November 23, 2012 to December 22, 2017, are members of the Plaintiff Association. 2) The main contents of the management expenses in the Plaintiff’s prosperity rules are as follows:

Article 5 (Operation and Expenses) Management expenses shall be classified into common charges and individual charges, such as operating expenses of the management office, personnel expenses, maintenance and repair expenses of facilities, taxes and public charges, sales promotion expenses for the prosperity of commercial buildings, etc., and common charges shall be calculated in accordance with the number of parcels in lots, and they shall be imposed according to the volume of individual charges used.

1. 1) Common expenses (1) Common expenses (2) Common expenses (3) Common electricity expenses (4) General expenses for cleaning expenses (6) General expenses for cleaning expenses (7) , repair and maintenance expenses (8) private expenses (1) private expenses (2) store electricity expenses (3) , and other personal expenses.

4. (Period for Payment) A business operator shall pay management expenses to a place designated by the prosperity meeting by the notice for payment by the following month.

6. (Late Payment Charges) Where a business operator fails to pay management expenses, he/she shall pay an administrative fine equivalent to five percent of the amount in arrears.

3) From October 2015 to December 2017, the Defendants did not pay management expenses even if they were requested by the Plaintiff to pay management expenses according to the notice from around October 2015 to December 2017, and the unpaid management expenses and their late payment fees are KRW 4,597,280 as of December 31, 2017. [Grounds for recognition] There is no dispute, and the Defendants’ evidence Nos. 1, 2, 4, 5, 6, 12, and 13 (including household numbers), and the purport of the entire pleadings.

B. According to the above facts of recognition, the defendants jointly and severally delivered the original copy of the instant payment order to the defendants after the date of payment of unpaid management expenses to the plaintiff, barring any special circumstance.

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