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(영문) 창원지방법원 2018.11.29 2017가단4648
관리비
Text

1. The defendant shall pay to the plaintiff the amount of KRW 101,46,40 and the amount of KRW 60,853,470 among them, from February 27, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant’s relationship 1) On February 23, 1991, the Defendant: (a) 1,004 square meters of reinforced concrete structure sloping roof 4 stories of sales facilities and neighborhood living facilities 1 to 4 stories; and (b) 1,213 square meters of underground 1,213.2 square meters of land (hereinafter “instant commercial building”).

A) Of the foregoing, underground dials (limited to a electric field area of 371.72 square meters and a common area of 185.087 square meters are comprised of two or more square meters.

hereinafter referred to as “instant store”).

2) The Plaintiff is a management body that consists of the sectional owners and lessees of the instant commercial building for the purpose of managing and operating the instant commercial building.

B. 1) The instant store from March 2003, when the Defendant acquired the ownership of the said store, and was leased to the large Smarket use, the instant commercial building was newly constructed around February 1985, and all underground floors in the instant store consisting of 11 stores (the largest size of the instant store among them). From the time of the construction, there was a drainage pipe which discharges sewage and wastewater was installed at the edge of each store, and the sewage and wastewater generated from each store was stored in the stairs room located adjacent to the instant store through the drain pipe and discharged by the drain pumps, etc.

3) At the outside of the commercial building of this case, Dryry Area A was established for the purpose of lighting and ventilation, and the wall surface is cut down in cement, and the upper part is cut down in cement around November 2009. (C) On or around May 2008, the store of this case against the defendant around November 2009, the plaintiff filed a lawsuit claiming the unpaid management expenses (if the plaintiff files the first lawsuit, the Changwon District Court 2008Da71664 case, the plaintiff was cultivated in the same court 2009Kadan50684 case, as the plaintiff expands its claim was expanded). However, the defendant filed a lawsuit against the defendant for the unpaid management expenses from May 2008 to November 2009.

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