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(영문) 서울북부지방법원 2016.01.26 2015나33357
관리비
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 571,908 and the defendant shall pay to the plaintiff on July 2014.

Reasons

1. Basic facts

A. A building listed in the attached Table 1 list (hereinafter “the instant condominium”) consists of a building permit on August 5, 200, a main complex building for which approval for use was obtained on September 3, 2003, 56 neighborhood living facilities (a total of 2,550.46 square meters) and 225 households of residential apartment (a total of 20,588.6 square meters of residential apartment). In the first floor, there are residential apartment buildings on the second floor, with neighborhood living facilities, residential apartment facilities, and residential apartment buildings on the third to 21st floor.

B. The Plaintiff is an organization consisting of sectional owners or lessees of residential apartment among the instant condominiums, and the Defendant is an organization consisting of sectional owners or lessees of neighborhood living facilities among the instant condominiums.

C. The Plaintiff and the Defendant have managed the entire part of each member from around 2004. However, the Defendant has paid 10.4% of the expenses incurred by the Plaintiff for the repair of public facilities and construction expenses, etc., and requested the Plaintiff to share the expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, Eul evidence 2-1 to 11, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that although the defendant agreed with the plaintiff to share 1.02% of the co-management costs of the instant aggregate building, the defendant did not pay the co-management costs to be shared by the defendant after July 201, the defendant is obligated to pay to the plaintiff, and the defendant is obligated to pay to the plaintiff money equivalent to 1.02% of the co-management costs of the attached Table 2 from July 31, 2014 to June 2014, as well as 33,280,619 won and future performance, from July 31, 2014 to the time the instant aggregate building is removed.

B. As to the defendant's assertion, the defendant agreed to share the amount equivalent to 10.4% of the cost of facility repair for common areas, but others.

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