beta
Text
1. As to KRW 20,924,370 among the Plaintiff (Counterclaim Defendant) and KRW 14,951,410 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) shall have the effect on December 21, 2016.
Reasons
1. Determination on the main claim
A. 1) The Plaintiff is the managing body of the Gangnam-gu Seoul Metropolitan Government A commercial building and the Defendant is the sectional owner No. 10 of the officetel B10. 2) The Plaintiff’s management rules Article 15 subparag. 2 and 3 of the Plaintiff’s management rules impose monthly management expenses necessary for the maintenance and management of the building. Even in cases where the sectional owner leased the whole part owned by him/her to a third party, the obligation to pay delinquent management expenses is determined on the sectional owner.
Meanwhile, according to Article 49 subparagraph 1 of the Management Rules, if the management fee is overdue, the overdue charge calculated at a certain rate shall be added.
3) As management expenses for a store owned by the Defendant have not been paid at the time, the management expenses and late payment charges were the aggregate of KRW 14,951,410 from August 2014 to April 2016, and the total of KRW 5,972,960, total of KRW 20,924,370 from May 2, 2016 to February 2017. [In the absence of any dispute over the grounds for recognition, the records of evidence Nos. 1, 2, 3, and 10, and the purport of the entire pleadings.]
B. According to the Plaintiff’s management rules, the Defendant, a sectional owner, should pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 25, 2017 to the day following the day when the written application for amendment of the instant claim was served with respect to KRW 14,951,410 of the management expenses and arrears 20,924,370, which were the initial claim amount of KRW 14,951,410, which was the day following the day when the written application for amendment of the instant claim was served.
The defendant asserts to the effect that the tenant C did not pay the management expenses, etc. to the plaintiff because he did not pay the management expenses and did not notify the defendant of the overdue interest.
However, as seen earlier, the Defendant, a sectional owner, should pay the management fee, and the Plaintiff did not pay the management fee.