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(영문) 창원지방법원 2016.08.11 2015가단22147
관리비
Text

1. The Defendant’s KRW 29,075,80 for the Plaintiff and KRW 5% per annum from October 1, 2015 to August 11, 2016.

Reasons

1. In fact, the Plaintiff is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, which consists of sectional owners of building A in the window C in Changwon-si, and is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, the purpose of which is to carry out projects on the management of the building site and its accessory facilities from March 16, 2005, and the Defendant owns 101, 102 and 103 underground

[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. The Plaintiff’s assertion that management expenses unpaid until July 31, 2015 with respect to Nos. 101, 102, and 103 under the ground of the instant building (hereinafter “each of the instant stores”) are assessed against KRW 34,589,500 as follows, and thus, the Plaintiff’s claim for payment of the said money and damages for delay.

The occupant's amount of charges (amount) 101.3.16 to 10.23.23, 10.40 to 10.23, 297, 401, 400 to 796.14.23, 514, 500 to 14.10.23, 23, 514, 50 to 14.5, 23, 514, 50 to 15.30, 14.1 to 15.31.6, 10.30, 14.6.37, 637, 600 to 15.6.31.6, 105 to 19.6.4, 105 to 31.6.6, 305 to 19.6.4, 7.6, 107, 600 to 6.31.31,307;

3. First of all, as to whether the Defendant is liable to pay management expenses for the portion claimed by the Plaintiff, ① the part before the Defendant acquires ownership of each of the buildings of this case, ② the period during which the Defendant was a lessee of each of the buildings of this case after the Defendant acquired ownership, and ② the period during which the Plaintiff did not.

A. On March 16, 2015, the management expenses for common areas among the management expenses for the period before the Defendant succeeds to a specific succession (on the underground 101, 103 parts) pursuant to Article 18 of the Act on the Ownership and Management of Aggregate Buildings.

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