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(영문) 울산지방법원 2016.08.31 2016나950
관리비
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 480,107 and KRW 117,00 among them.

Reasons

1. Basic facts

A. A apartment constructed around 1989 (hereinafter “the apartment of this case”) consists of 3 buildings of 15 stories in Ulsan-gu and 299 households in Ulsan-gu, Ulsan-gu, and is equipped with management office, ground parking lot, elevator, etc. as auxiliary facilities.

The commercial building corresponding to the neighborhood living facilities of the apartment of this case (hereinafter referred to as the " commercial building of this case") consists of 16 commercial buildings of three stories and 16 commercial buildings on the above lot number, and the whole area of the commercial building of this case is 928 square meters in total, and the whole area of the commercial building owned by the defendant is 34.12 square meters in total.

B. In around 1990, occupants of the apartment of this case constituted a council of occupants' representatives to acquire management rights of the apartment of this case from the Seo River Housing Construction Co., Ltd. which constructed the apartment of this case. At that time, the representative of the owner of the commercial building of this case attended as a member of the council of occupants' representatives and participated in

Since 1990, the Plaintiff was imposing the management fee on the owner of the apartment and commercial building while comprehensively managing the apartment and commercial building in this case.

C. In calculating the management expenses of the commercial building of this case, the Plaintiff imposed the total amount of management expenses equivalent to the area of the commercial building of this case on the 16 commercial buildings of this case, and imposed twice the general management expenses, expenses, and cleaning expenses (hereinafter “calculated method of calculating the management expenses of the commercial building of this case”) among the management expenses of the commercial building of this case. However, the calculation method of the management expenses of the commercial building of this case was maintained after around 190, when the Plaintiff commenced to impose the management expenses of the commercial building of this case on the owner of the commercial building of this case.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4 through 8 (including branch numbers for those with branch numbers), Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is to manage the instant commercial building.

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