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Reasons
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(영문) 수원지방법원안양지원 2015.06.03 2015가단2032
채무부존재확인 등
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1. As to KRW 8,837,90 and KRW 7,338,920 among them, the Plaintiff (Counterclaim Defendant) from March 1, 2015.

Reasons

1. Facts of recognition;

A. The defendant is a management body composed of all sectional owners of the 455 Sodles, as the Gyeongpo-si, a Gunpo-si, an aggregate building (hereinafter "the instant aggregate building"), and the plaintiff is the owner of 502 of the instant aggregate building.

B. On January 1, 2010, the Plaintiff entered into a lease agreement on 502 of the instant aggregate building with Haseseses Co., Ltd., and extended the lease agreement by setting the deposit amount of KRW 25,500,000 on January 18, 2014, monthly rent of KRW 280,000, monthly rent of KRW 280,000, and one year of contract

C. He did not pay management expenses from August 2013. The Plaintiff paid management expenses from August 2013 to October 2013, and the unpaid amount from February 28, 2015 to February 28, 2015 is the total of KRW 7,338,920 and late interest KRW 1,498,980.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. In determining the principal claim and counterclaim, Articles 23 and 24 of the Management Rules of the Condominium shall provide that a sectional owner and a lessee shall be liable to pay the management expenses, and a surcharge of 24% per annum shall be imposed if the payment of the management expenses is overdue. Thus, barring any special circumstance, the Plaintiff is obliged to pay to the Defendant a surcharge calculated at the rate of 24% per annum from March 1, 2015 to the date of full payment for the principal amount of KRW 8,837,90 and the principal amount of KRW 7,338,920.

As to this, the plaintiff did not notify the plaintiff who was the owner in arrears for at least three months in accordance with the management rules of the aggregate building in this case, but did not directly inquire of the plaintiff, so the plaintiff does not have an obligation to pay the management fee, and the defendant did not take the part of the plaintiff's rent but incurred a loss equivalent to the monthly rent, so the defendant is obligated to pay 2.8 million won per month to the plaintiff.

Article 24 of the Management Rules of the Condominium and July 24, 2013.

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