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(영문) 인천지방법원부천지원 2015.02.13 2012가단40617
관리비
Text

1. The Defendants: (a) each of the Plaintiff KRW 32,329,332 and KRW 30,789,840 among the Plaintiff, respectively, from June 4, 2013 to February 13, 2015.

Reasons

1. Basic facts

A. The Defendants are co-owners of the instant real estate (each of 1/3 shares) that purchased the instant real estate in the course of a voluntary auction with respect to the Erypt No. 201, No. 202, No. 1301, and No. 1302 (hereinafter “instant real estate”) located in Yongsan-gu, Seoyang-gu, Seoyang-si on October 17, 2008.

B. The Plaintiff is a company that concludes an entrustment contract with E Commercial Building Management Body for E Commercial Building Management and manages the above commercial building, and has the authority to impose and collect management expenses for the above commercial building.

C. The Defendants are operating a public bath with the trade name “F” in the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 3, Gap evidence 2, 6, 7, Eul evidence 1-1 to 4, the purport of whole pleadings

2. The parties' assertion and judgment

A. The gist of the parties’ assertion argues that the Defendants are liable to pay to the respective Plaintiff the total management fees of KRW 77,181,94 and late payment fees of KRW 3,859,097, including management fees of KRW 77,181,94 and late payment fees of KRW 3,859,097 (i.e., KRW 77,181,944 x 5%) and the delayed payment damages of KRW 77,181,041 and the management fees of KRW 77,181,944.

As to this, the Defendants asserted that the management expenses from October 2008 to July 2012 were fully paid except for the management expenses, and that the management expenses before October 2008 were extinguished by prescription.

In this regard, the plaintiff asserts that the management expenses paid by the defendants should be appropriated first in accordance with the order of statutory appropriation prescribed in Article 477 of the Civil Code.

B. (1) In full view of the purport of the entire pleadings, the Defendants’ statement Nos. 4, 8, and 13 (including each number) in the order of appropriation of management expenses paid by the Defendants, the amount equivalent to the management expenses for the pertinent month, except for the management expenses from October 2008 to July 2012.

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