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(영문) 수원지방법원 2015.07.10 2014나31483
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The defendant is the sectional owner of A building 403 (hereinafter "the store in this case"), and B is the lessee of the store in this case, and the plaintiff is the company entrusted with the management of the building in this case.

B. The main contents of the consignment management contract with respect to a building A (hereinafter “instant consignment contract”) are as follows.

Article 3 (Details of Management Affairs)

3. Collection of management expenses and user fees, and vicarious payment of public imposts under Article 7 (Imposition and Collection of Management Expenses) (3) If management expenses are in arrears for not less than two months, measures may be taken, such as power failure, suspension of use, restriction on suspension of use of elevators, etc.

In addition, pursuant to the relevant laws and regulations, it is possible to become a party to a claim suit on behalf of the prosperity and the management body, and the costs of the lawsuit shall be

Article 8 (Imposition of Overdue Charges) If the tenant, etc. fails to pay the management expenses notified by the tenant, etc. within the designated date, the overdue charge shall be imposed in addition to the overdue charge rate prescribed by the management rules for the relevant total management expenses, and the overdue charge shall be reverted to

C. The main contents of the Building Management Rules relating to the instant case are as follows:

Article 3 (Definition of Terms) The definitions of terms used in these Rules shall be as follows:

1. The term “in braille” means the owner of each shop which is the object of sectional ownership and who actually operates the relevant shop;

5. The term "in braille, etc." means the general term of the occupant, lessee, and lessor;

Article 23 (Collection of Management Expenses)

1. The occupant, etc. shall deposit management expenses incurred in the use of his/her store in the designated place or account by the end of each month pursuant to the notification of the management office;

2. The rate in arrears shall be as specified in attached Table 2 in cases of a violation of the designated date of payment;

3. If the management expenses are in arrears for not less than two months, measures such as power failure, suspension of use, restriction on opening shall be taken;

The overdue rate of arrears in the payment of management expenses, etc. under the attached Table 2 shall be 1234 5 6 78 9 10 12.

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