(영문) 서울동부지방법원 2020.05.07 2018가합112831

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(영문) 서울동부지방법원 2020.05.07 2018가합112831

관리비

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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 256,695,649 and as a result, from September 8, 2018 to May 7, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a company that is entrusted with the authority to impose and collect management fees by concluding an entrustment contract with the F management body comprised of all sectional owners of the Seoul Gwangjin-gu Seoul Special Metropolitan City F Condominium (hereinafter “instant building”).

B. On July 26, 2018, the Defendants received a successful bid for the first floor G (hereinafter “instant real estate”) from among the instant buildings in the process of voluntary auction, and completed the registration of ownership transfer as to each of 3/10 shares, and the remaining Defendants completed the registration of ownership transfer as to each of 3/10 shares.

C. Of the management body rules of the instant building, the part relating to the instant case is as follows.

Article 6 (Rights and Duties of Sectional Owners) of the Regulations on Management Body shall have the following rights and duties:

5. The rights and obligations under Article 7 (Succession to Rights and Obligations) shall automatically be succeeded to the person who succeeds to the status of the owner due to a change in ownership on the registry.

Article 10 (Joint Liability) The obligation such as management expenses to be borne by the sectional owner or possessor (hereinafter referred to as "sectional owner, etc.") to the management body or manager shall be jointly and severally liable for the relevant sectional owner, etc.

Article 40 (Appointment of Custodians)

2. The conclusion of a management contract following the appointment of an administrator shall be made by a representative committee and manager;

Article 47 (Contents of Management Expenses) The details of Management Expenses shall be as follows:

1. Expenses for electricity, gas, water supply and sewerage, heating and cooling, mutual assistance, etc. used directly by a sectional owner, etc., and various expenses classified by sectional owner, such as taxes and public charges, buildings, fire insurance premiums, charges for causing traffic congestion, and charges for public

2. Common costs (1) Article 48 (Calculation, Imposition, and Collection Method of Management Expenses).

1.The management expenses shall be based on the following standards:

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