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(영문) 부산지방법원 2019.08.29 2017가합2437
관리비
Text

1. As to KRW 461,012,00 and KRW 400,828,280 among the Plaintiff, the Defendant shall start from November 1, 2017 to December 8, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established with the amount of investment, etc. invested in the expenses for the development of commercial buildings paid by sectional owners as its capital for the purpose of operating and managing the “D”, which is an aggregate building composed of a total of 2,620 stores with the 2,620 stores located outside Busan, Busan, the 14th ground level, and the 6th above ground level (hereinafter “instant commercial building”). On January 8, 1999, the Plaintiff completed the registration of establishment of the instant commercial building to the competent authority pursuant to Article 8 of the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 1999); and as a superstore manager, the Plaintiff imposed and collected management fees for each of the instant commercial buildings.

B. The Defendant: (a) purchased each of the stores listed in the “Nohh” column among the instant stores on each date indicated in the “Nohhh” column in the attached Table 1, and acquired ownership by winning or purchasing each of the stores listed in the “Nohhh” column.

C. With respect to each of the instant stores for which the Defendant acquired ownership, the term “request period” in the attached Table 1 refers to the amount of the common use management expenses incurred prior to the acquisition of ownership, as stated in the “amount of the claim” column in the attached Table 1, and management expenses and late payment charges after the acquisition of ownership. The total amount is KRW 461,012,00, and the total amount of the management expenses is KRW 400,828,280.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is the sectional owner of each of the stores of this case, and the defendant is obligated to pay the unpaid management expenses for each of the stores of this case and the principal amount of 400,828,280.

B. The part pertaining to the cost of outsourcing services, such as personnel expenses, business promotion expenses, and use of shuttle buses, among the management expenses claimed by the plaintiff 1, is excessively calculated without any grounds, and in particular, it is a warehouse among each of the stores of this case.

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