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(영문) 부산지방법원 2020.11.12 2020나40464
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On February 24, 2014, the Plaintiff and the Defendant entered into a contract under which the Plaintiff and the Defendant agreed to lease the instant lease deposit to the Plaintiff (hereinafter “instant lease contract”) with the Busan Shipping Daegu Apartment D (hereinafter “instant apartment”) as “Lease deposit: 250,000,000, and the lease period: from March 14, 2014 to March 13, 2016.” On March 1, 2016, the lease deposit of the instant lease contract was increased to KRW 300,000,000, and the said lease period was renewed from March 14, 2016 to March 13, 2018 (the lease agreement was re-established in accordance with this).

B. Upon delivery of the instant apartment from the Defendant, the Plaintiff resided in the said apartment from March 14, 2014 to February 22, 2019, and paid management expenses. Of the management expenses paid, the amount paid under the name of the long-term repair appropriations is KRW 1,288,230 (hereinafter “the long-term repair appropriations in this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. With respect to the Plaintiff’s claim for reimbursement of the instant amount of claims, the following are examined: (a) the Plaintiff, a lessee, and the Defendant, a lessor, who is the subject of the burden of the instant long-term repair appropriations; (b) Article 17 of the Act on Ownership and Management of Condominium Buildings provides that a sectional owner shall bear the management costs of common areas, such as the long-term repair appropriations, according to the ratio of his/her share, unless otherwise prescribed by the regulations; (b) when the main facilities of an aggregate building are replaced or repaired with the accumulated long-term repair appropriations, the sectional owner shall share the replaced or repaired common areas and finally enjoy the benefit; and (c) In the former Housing Act (amended by Act No. 13474, Aug. 11, 2015), general management expenses and long-term repair appropriations

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