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(영문) 대전지방법원서산지원 2014.10.02 2013가합3209
관리비등
Text

1. The Defendant’s KRW 515,49,629 as well as the Plaintiff’s annual rate of 5% from December 17, 2012 to September 4, 2014.

Reasons

1. Basic facts

A. The defendant completed the construction of the 1 and 3 new apartment complexes in 302 as the members of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the apartment complex in this case”) (one complex: February 2, 1998; September 1, 1999); and completed the construction of the 498 apartment complex in this case on June 22, 199, and completed the inspection for use on the 3-dong apartment complexes and completed the construction of 176 apartment complexes in 3-dong and 176 households around June 28, 201.

B. Non-Housing Construction Co., Ltd. (hereinafter “Non-Housing Construction Co., Ltd.”) changed the trade name on December 9, 2003 to “Non-Housing Construction Co., Ltd.”; hereinafter “Non-Housing Construction Co., Ltd.”) completed the construction of 4 10 households and 100 households after obtaining approval for the business plan regarding the new construction of the instant apartment complex.

C. The Defendant completed the registration of preservation of ownership for the first and third apartment complexes among the instant apartment complexes, and managed the instant apartment complexes as a rental business operator under the Rental Housing Act, and was transferred ownership for each household of the instant apartment complexes from around December 9, 2009.

With respect to the factory price of the apartment in this case, the sum of the management expenses unpaid from January 2004 to December 2012 (referring to the common area; hereinafter the same shall apply) shall be 332,36,336 won, and the sum of the management expenses unpaid from May 2012 to March 2013, is 10,920,409 won.

E. On December 17, 2012, where part of the apartment of this case was converted for sale in lots, the Plaintiff was an organization organized by occupants for apartment management, and was transferred the management of the apartment of this case from the Defendant around the above time.

F. In relation to the instant apartment complex 1 and 3, the Defendant accumulated the special repair reserve fund and managed it under the joint name with the head of Taean-gun. Around June 2008, the Defendant used KRW 158,926,000 in total among the money accumulated for the repair, etc. of the instant apartment 1 and 3 complex common areas in consultation with the head of Taean-Gun.

Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, 3, 25, Gap evidence 26-1, 2, Eul evidence 1, 2, 3, and 6;

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