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(영문) 춘천지방법원원주지원 2014.12.04 2014가단32198
관리비
Text

1. Defendant E shall pay to the Plaintiff KRW 2,240,460 as well as 20% per annum from May 2, 2014 to the date of complete payment.

Reasons

【Judgment on Plaintiff’s Claim against Defendant E】

1. The Plaintiff, a non-corporate body of the non-corporate body of the Plaintiff, the purpose of which is to manage the building of this case, F and G ground A (hereinafter referred to as the “instant building”) at the time of indicating the claim, filed a claim for unpaid management expenses and late payment charges from September 2013 to March 2014 with respect to Defendant E, who is the lessee of the instant building of this case and is substantially responsible for the payment of the management expenses of the instant building, as the lessee of the instant building from September 2013 to March 2014, Articles 208(3)2 and 150(3) of the Civil Procedure Act [Judgment as to the Plaintiff’s claim against the remaining Defendants]

1. Basic facts

A. Defendant B is the lessee under Article 504, 505, 506, 509, 510, 511, and 512 of the instant building; Defendant C is the lessee under Articles 425 and 426 of the instant building; Defendant D is the lessee under Articles 441 and 442 of the instant building; Defendant D is the lessee under Articles 501, 502, and 503 of the instant building; Defendant B is the lessee under Articles 435 and 435 of the instant building.

B. The Plaintiff’s management rules (hereinafter “management rules of this case”) provide that “the affiliated company shall have the obligation to pay taxes, public charges, management expenses, etc. within the payment period (Article 43)” and “management expenses shall be calculated and notified by the manager as the actual expense settlement system pursuant to Article 43, and the store owners and tenants shall pay the management expenses to be borne every month according to the payment method determined by the manager (Article 44).”

[Ground of recognition] Facts without dispute, Eul's entry of evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is a management body organized pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) with respect to the instant building.

The remaining Defendants except Defendant E are the occupants who leased part of each of the buildings of this case and are responsible for paying the management expenses of the building of this case based on the Plaintiff’s management rules.

The plaintiff's management rules are invalid.

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