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(영문) 서울중앙지방법원 2015.05.20 2014가단4383
관리비
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 72,780,280 as well as 20% per annum from July 29, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 11, 2013, the Plaintiff concluded an entrustment contract with D, E, F, and the G Commercial Building Management Body (hereinafter “instant commercial building”) on the building management business of the instant commercial building, including the collection of management fees and user fees and the vicarious payment of public charges, based on the term of contract between D, E, F, and the management body of the instant commercial building, which is the management body of Pyeongtaek-si C (hereinafter “instant commercial building”).

B. The Defendants are co-owners of the instant commercial building, such as attached Table 118, attached Table 204, G building 101, and F building 101, among the instant commercial buildings with the project owner and the owner of the instant commercial building.

C. From July 2013 to June 2014, 2014, the Defendants, as stated above, imposed the management fees of KRW 73,776,460 (unpaid management fees of KRW 82,81,649 - late 9,035,189), excluding late payment charges, including the amount of unpaid charges, on the part of the Plaintiff from July 2013 to June 2014 (E building 306 to June 2014) on the management fees of KRW 73,776,460 (unpaid management fees of KRW 82,81,649 - late 9,035,189) by dividing them into general management expenses, maintenance expenses, basic electricity charges, electricity charges, joint electricity charges, electricity charges

Article 7(3) of the entrustment contract of this case provides that the person in charge of the final payment of the management fee shall be the owner of the registration and the joint owner shall pay the management fee jointly.

E. Meanwhile, from July 2013, the F building 103 out of the Defendants’ possession in the separate sheet was sold to auction during the instant lawsuit, and the purchaser of the said commercial building paid 996,180 won to the Plaintiff for the unpaid common area management fee from July 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 9, 15, and 16, the purport of the whole pleadings

2. According to the facts of the above recognition as to the Plaintiff’s claim, the Defendants jointly and severally seek the Plaintiff the unpaid management expenses of KRW 72,780,280, the sum of the unpaid management expenses for the commercial buildings owned by the Defendants among the commercial buildings in this case - KRW 82,81,649.

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