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(영문) 서울북부지방법원 2016.09.02 2016나132
관리비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. From April 1, 2008 to April 30, 2014, the Defendant is a person entrusted with the management of A apartment and ancillary facilities, including the collection of management expenses, by the Plaintiff. Article 8(1) of the “Agreement on the Management of Multi-Family Housing” concluded between the Plaintiff and the Defendant (hereinafter “instant contract”) provides that the Defendant shall faithfully perform his/her duties as a good manager. Article 9(4) provides that the Defendant shall compensate when the Defendant or his/her employees incurred a loss of money due to a safety accident caused by intention or gross negligence.

B. According to Article 77 of the Plaintiff’s Management Rules amended from May 9, 2013, the management entity may issue a reminder if the occupants, etc. fail to pay the management expenses, etc., and may take measures, such as collecting additional charges, issuing a reminder, requesting a payment order, requesting a small amount of trial, etc., even after issuing a reminder. The management expenses may be suspended for a long-term delinquent household for at least five months.

C. The owner owner B of A apartment No. 108, 106 (hereinafter “instant apartment”) failed to pay management expenses for 15 months from March 2013 to April 2014, and the Defendant issued a demand notice to encourage B to pay management expenses several times.

The instant apartment was registered as four provisional seizures between February 14, 2013 and July 31, 2013, and each of the attachment of Nowon-gu and Yeongdeungpo-gu Tax Office was registered, and on October 24, 2013, the instant apartment was sold to C on September 3, 2014 at the end of the auction procedure, upon the application for voluntary commencement of auction by the Industrial Bank of Korea.

E. The Plaintiff was unable to collect the delinquent management expenses for the section for common use from C and finally recover the delinquent management expenses for the section for exclusive use of the instant apartment from KRW 2,796,487.

[Ground of recognition] The fact that there is no dispute, A.

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