(영문) 대전지방법원 2020.01.14 2017가단212559

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(영문) 대전지방법원 2020.01.14 2017가단212559

관리비

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff leased the first floor or fourth floor of the instant building to D on July 23, 2010, as a management body of the A-commercial building (hereinafter “instant building”), an aggregate building, and to D on July 23, 2010.

(2) With the Plaintiff’s consent, E acquired the right to lease of the 2 and 3 floors of the instant building through D and F on April 4, 2011, and C acquired the right to lease of the 1 and 4 floors of the instant building through D and G on June 25, 2012.

(3) On October 24, 2014, C and E (hereinafter “C, etc.”) renounced the right to lease on the second, third, and fourth floors of the instant building, and entered into a lease agreement with the Plaintiff on the first floor of the instant building, and paid KRW 10 million to the Plaintiff on December 1, 2015.

(4) The above lease agreement between the Plaintiff, C, etc. was terminated on September 20, 2017 by the Plaintiff’s termination on September 20, 2017.

(5) Meanwhile, C et al. paid a total of KRW 76,560,870 to the Plaintiff as long-term repair appropriations in accordance with the instant building management rules.

B. On January 17, 2014, the Defendant: (a) transferred the H head of the first floor of the instant building from C (hereinafter “instant store”); and (b) operated a coffee shop and a shop from around that time.

C. According to a lease agreement between the Plaintiff and C, etc. to pay the management expenses, C, etc. is obligated to pay the management expenses of the building of this case as the lessee, and according to the building management rules of this case, the lessee, who is the possessor of the building of this case, also

[Grounds for recognition] The descriptions in subparagraphs 1 and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. As of the end of October 2017, the Plaintiff asserted that the Defendant did not pay KRW 34,502,861 of the store management expenses of this case as of the end of October, 2017, and sought payment of the overdue management expenses and damages for delay.

In this regard, the defendant has already been paid management expenses.

유사 판례

-대전지방법원 2020.01.14 2017가단212559

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-춘천지방법원원주지원 2014.12.04 2014가단32198

-인천지방법원부천지원 2017.05.26 2017가합62

-서울중앙지방법원 2018.07.10 2017가단52642