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(영문) 부산지방법원 동부지원 2018.01.10 2016가단214089
관리비
Text

1. As to KRW 61,510,237 and KRW 47,733,660 among the Plaintiff, the Defendant shall start from October 1, 2017 to January 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the management body of Busan Shipping Daegu A, and the Defendant is a sectional owner who acquired the ownership of C, D, E, F, and G (hereinafter “instant building”) of A, May 30, 2014.

B. The overdue rate of management expenses under the current management rules of the Plaintiff is as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. As the Defendant did not pay management expenses from March 2014 to August 2017, 2017, the Defendant is obligated to pay the management expenses and late payment charges calculated by September 2017.

The overdue rate of the management expenses in arrears from June 2014 to March 2015 shall be applied to the overdue rate determined by H, a stock company that has previously been in charge of A commercial leave (4% per annum on a monthly overdue basis and 1.5% per annum).

B. Defendant 1 is not obligated to pay management expenses incurred prior to the acquisition of ownership of the instant building by the Defendant. (2) On April 15, 2015, the Plaintiff asserted that H was dismissed by the former controlled entity A, the former controlled entity A, the Plaintiff, and the Plaintiff and H, were not obligated to pay management expenses to avoid the risk of double payment.

Therefore, from April 2015 to January 12, 2017, the Plaintiff does not impose late payment charges and delay damages on the unpaid management expenses until January 12, 2017, and the late payment charges and delay damages should be imposed from January 31, 2017, which is the last day.

The criteria for late payment fees shall also be applied at the rate prescribed by the plaintiff's management rules.

3. Since the defendant leased No. C of the instant building to I on June 22, 2014, he/she is liable for the payment of unpaid management expenses.

3. Determination

A. Prior to the Defendant’s acquisition of ownership of the instant building.

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