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1. The plaintiff, the defendant corporation's case management amounting to 137,640,430 won, the defendant Eul's 5,92,069 won, and the defendant C corporation's 2.
Reasons
Under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a management body established as a member of all sectional owners of E buildings located at Jeju (hereinafter “instant building”) on the basis of Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).
The main contents of the Plaintiff’s management body agreement (hereinafter “instant agreement”) are as shown in the attached Form.
At the time of the filing of the instant lawsuit, Defendant K2, Inc. (hereinafter “Defendant K2”) divided ownership of 305, 306, 315, 317, 318, 319, 321, 328, 337, 338, 341, 346, 417, 417, 418, 419, 425, 426, 437, 438, 451, 452, 516-12, 516-12, 52, 319, 321, 321, 328, 328, 35, and 35, and 25, 35, and 35, respectively.
However, up to January 2015, Defendant KM did not pay management expenses of KRW 105,698,140, Defendant B paid KRW 6,782,810, Defendant C paid KRW 8,248,240.
Defendant K2 paid KRW 105,698,140 to the Plaintiff for management expenses up to January 2015, when the instant lawsuit was pending, around June 2015, Defendant K2 paid KRW 6,782,810 out of the said money to the Plaintiff as management expenses from May 2014 to January 2015, Defendant B demanded that the remainder KRW 98,915,330 (105,698,140 - 6,782,810) be appropriated as part of the annual amount of management expenses up to January 2015, the Plaintiff appropriated it as it was accepted.
On the other hand, as of November 23, 2015, Defendant C did not pay management expenses of KRW 20,902,066, KRW 506, KRW 507, and KRW 522 for the sectional owners of the instant building, KRW 18,786,556, and KRW 8,283,556 for G sectional owners of KRW 348.
Defendant C pays KRW 45,327,027 to the Plaintiff around December 16, 2015, and KRW 18,786,205 out of the said money shall be deemed management expenses of B, and KRW 8,283,556 shall be deemed management expenses of G.