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(영문) 창원지방법원 2015.05.14 2014나10292
관리비
Text

1. All appeals filed by the defendant (appointed party) and the appointed party C are dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.

Reasons

1. Basic facts

A. The Plaintiff is an organization established for the management and operation of the building of the building of the Sungwon-si, Changwon-si (hereinafter “instant building”). The Defendant and the appointed parties (hereinafter “Defendant, etc.”), D, and Sejong Jinjin Co., Ltd., Ltd., on October 26, 2005, completed the registration of ownership transfer for 1/4 shares of the ordinary industry development corporation on the ground of sale by auction at will on October 26, 2005.

The sectional owners who own 1/4 shares of 502 and 503 of the building of this case.

B. The main contents of the management rules set by the Plaintiff (hereinafter “instant management rules”) are as follows.

Article 2 (No. 1): The term "resident" means the person who has the sectional ownership of the building of this case on the register.

The term "user" means a person who has occupied or occupied the section of exclusive ownership by rent, etc.

6. Subparagraph 3 of the obligations of occupants, etc.: The occupants and users (hereinafter referred to as "occupants, etc.") shall pay the expenses, management expenses, advance payments, special repair reserve, etc. required for the maintenance of the building and the joint interest thereon.

Subparagraph 7: Liability such as management expenses to be borne by the management entity shall be jointly and severally liable to the relevant occupant and the user.

Article 20 (2): The management expenses calculated pursuant to the provisions of paragraph (1) shall be imposed on the occupants, etc. from the 24th to the 26th of the following month, and the occupants, etc. shall pay them to the financial institutions designated by the management authority by the end of the following month.

An occupant, user, etc., such as the collection of overdue charges and delinquent management expenses, shall pay monthly management expenses to the financial institution designated by the management entity by the end of the following month, and if the occupant, etc., who has failed to pay within the payment deadline, an amount calculated by adding

C. As of January 31, 2014, KRW 7,219,90 for the instant building as of January 31, 2014, and KRW 7,061,150 for the instant building and KRW 503, respectively, are unpaid.

[Ground for recognition] A.

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