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(영문) 서울서부지방법원 2018.07.19 2017나33821
관리비
Text

1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

2. The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manages Pamper Quaker shopping mall (hereinafter referred to as the “instant shopping mall”) of the 16th above ground level of the 8th ground level underground in Eunpyeong-gu Seoul Metropolitan Government 240.

B. On November 10, 2015, the Defendant completed the registration of ownership transfer under the name of the Plaintiff on the ground of sale due to voluntary auction on November 28, 2015, with respect to P.O. D-04 (23.10 square meters in the section of exclusive ownership, and 32.42 square meters in the section of common use, hereinafter “instant store”). On August 31, 2016, the Defendant sold the same to a third party on August 31, 2016, and completed the registration of ownership transfer under that name on October 28, 2016.

C. The bylaws of the shopping mall management body of this case stipulate management expenses and additional dues in arrears as follows:

Article 50 (Methods of Calculation, Imposition, and Collection of Management Expenses) Management expenses shall be calculated and notified by the manager as the settlement system for actual expenses according to the following standards and calculation methods, and the sectional owners, etc. shall pay the management expenses to be borne each month according to the method of payment

1. Among the costs referred to in Article 49 (1), the part measurable shall be based on the inspection of measuring instruments, and the part measurable shall be calculated based on the standards separately prescribed by the management regulations;

2. Common expenses shall be calculated by allocating the expenses referred to in the subparagraphs of Article 49 (2) to the ratio of the area of sale in which a sectional owner, etc. is determined;

Article 52 (Additional Dues and Measures for Management Expenses in Arrears)

1. If a sectional owner, etc. fails to pay management expenses under Article 49 by the due date determined by the administrator, he/she shall pay 5/100 of the delinquent amount every month after the due date for payment plus late payment;

The management expenses, arrears, etc., such as the statement on the calculation of delinquent management expenses attached to the store of this case, are not paid.

(A) The principal and the late payment charges for the section for common use shall be indicated within three years from the time when the defendant acquired the ownership. (The grounds for recognition)

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