(영문) 대전지방법원 2018.01.31 2017나4223 | 리걸엔진

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(영문) 대전지방법원 2018.01.31 2017나4223

관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is the council of occupants' representatives composed of the occupants of Seo-gu Daejeon A apartment (hereinafter "the apartment of this case"). The defendant is the owner of the 6th, 1001 (hereinafter "the defendant apartment of this case") among the above apartment of this case.

B. The Defendant did not pay to the Plaintiff the management fee of KRW 4,852,440 and the late payment charge of KRW 808,160 imposed on the Defendant apartment from May 2014 to December 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 6, 9, 11, 14 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 5,660,60,600 in total of the unpaid management expenses and arrears, and damages for delay calculated at the rate of 15% per annum from March 14, 2017 to the day of complete payment, which is the day following the day of service of the duplicate of the application for extension of claim and supplement of the cause of the claim of this case.

3. Judgment on the defendant's assertion

A. The summary of the defendant's assertion 1) Since C, a lessee of the defendant's apartment, illegally occupies the defendant's apartment, there is no obligation to pay the management fee to the defendant.

B. According to Article 13(2) of the Management Rules of the apartment of this case, the tenant, etc. shall bear every month the management expenses, etc. necessary for the maintenance and management of the apartment of this case, and even if the tenant has lent his section of exclusive ownership to a third party, the tenant shall be liable for the final payment of all the expenses, such as management expenses, usage fees, long-term repair appropriations, parking lot usage fees, etc., and the tenant shall also be liable for the overdue portion including overdue portion.

"...."

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