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(영문) 서울고등법원 2017.12.14 2015나11986
관리비
Text

1. The judgment of the first instance, including the claims extended and reduced in respect of the principal lawsuit and counterclaim, is followed.

Reasons

1. Basic facts

A. The Plaintiff is a management body established pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) in order to manage A, an aggregate building of 6 underground floors and 22 floors above ground constructed on the land outside Seoul Special Metropolitan City, Gwanak-gu and 2 lots (hereinafter “instant building”).

B. The instant building was constructed together by H and the Plaintiff’s representative and the third ASEAN, and H and I completed the registration of ownership transfer on the first or second 6th tier ownership of each of the instant building, which is a commercial building, with respect to H and the instant 1/2 equity ownership. After H’s death, the Defendant, the first son, completed the registration of ownership transfer on the ground of legacy on July 2, 2010 for the first 1/2 share of H.

C. The main contents of the management rules for the instant building (hereinafter “instant management rules”) are as follows.

Article 5 (Joint and Several Obligations) Management expenses and various charges to be borne by sectional owners, lessees, or occupants to the management body or manager shall be jointly and severally liable by sectional owners, lessees, and occupants.

Article 25 (Criteria for Imposition of Management Expenses)

(i) Common use shall be apportioned on the basis of the area owned by sectional owners.

The joint parts of saws shall be divided in the order of the size, use, and quantity of the property owned.

Fidelity exclusive use shall be allocated in proportion to the exclusive use by sectional owners.

Applicant shall bear the applicant's expenses incurred in operating additional facilities other than regular hours.

Management expenses shall be borne by the area of a sectional owner, lessee or occupant, and expenses for public interest, such as facilities management, expenses for facilities management, expenses for cleaning, parking, quarantine, prevention of epidemics, and other expenses for electricity, gas, water supply and drainage, heating, cooling, repair and maintenance, and public charges and public charges, fire insurance premiums, charges for traffic congestion, environmental improvement charges, user fees for public facilities, etc. shall be adjusted.

(1) In principle, the calculation period of management expenses shall be from the first day of each month to the last day, and the due date for payment shall be monthly.

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