208Kahap292 Provisional Disposition against the Use of Electricity and Water Services

OEphye Management Body

O Development Co., Ltd.

208.7.25

1. The debtor shall not block or interfere with by any other means the creditor's power supply or fractional act with respect to electricity and waterworks supplied to the building as stated in the attached sheet;

2. The execution officer shall publicly announce the purport of the said order in the proper manner.

3. Costs of the petition shall be borne by the debtor;

The same shall apply to the order.

1. Basic facts

According to the overall purport of records and interrogations, the following facts are substantiated.

A. On October 11, 2005, the debtor purchased the buildings listed in the separate sheet from the Construction Co., Ltd. on the attached sheet (hereinafter referred to as the "Bain of this case") and completed the registration of transfer of ownership on October 18, 200 of the same year, and then takes bath business under the trade name called "the soup and soup" at the place. The creditor is a management body composed of all sectional owners established for the management of the aggregate building, which is an aggregate building including the letter of this case (hereinafter referred to as "the building of this case"). The contents related to the management expenses in the management rules and management regulations of the building of this case are as follows.

-the following:

Article 21 (Management Expenses, etc.)

(1) Expenses incurred in the management of the aggregate building shall be covered by the following revenues:

1. Management expenses paid by occupants, etc.;

(2) Management expenses shall be divided into the expenses for joint management and the expenses for management to be borne by the individual, and the composition thereof shall be

1. General management expenses;

2. Electricity rates;

3. Water rates;

(4) The owner, etc. shall pay management expenses incurred in the maintenance and management of this building, and where the occupant fails to pay management expenses or fails to pay management expenses on at least three consecutive occasions, he/she shall not raise an objection even if legal measures are taken, and shall compensate for any damage caused by delinquency.

(5) The head of a Si/Gun/Gu may impose late payment charges within ten percent of management expenses on persons, etc. who have failed to pay management expenses, and may take necessary measures, such as restrictions on the use of common facilities.

Management Regulations Article 19 (Control of Fractional, Fractional, and Parking Card)

1. The tenant shall pay the management expenses within the fixed period and the unpaid person shall take measures, such as cutting off, cutting off, and suspending the use of the parking card, etc., until the full payment of the management expenses is made (Provided, That the management committee shall not be legally responsible even if business disadvantages have occurred after the control of the parking card). The creditor notified the debtor from December 2, 2005 to April 2006 that when the debtor is in arrears with the management expenses imposed on the private letter of this case from around several times to April 2006, the debtor may fully pay the management expenses in arrears and take measures, such as cutting off and cutting off the private letter of this case.

D. On September 2007, the debtor made a reply to the effect that if the delinquent management expenses are not paid until December 2007, the creditor will be at a disadvantage even if any measure, such as a short and short measure, is taken in accordance with the management rules.

E. Meanwhile, the monthly average of 20 million won for the management fee imposed on the private letter of this case is 5.5 million won for the electricity user fee of this case (the average monthly electricity user fee of this case 26 million won for the entire building of this case), 6.5 million won for the water user fee of this case (the average monthly water user fee of the whole building of this case), and 8.8 million won for the water user fee of this case. The management fee which the debtor delayed from December 1, 2005 to April 30, 2008 is 56,855,252 won for the aggregate of 5.2.

According to the above facts, the debtor has the right to cut electricity and water supply to the private house of this case according to the management rules and management rules, even though he did not pay management expenses for more than two months from December 2005, since he continued to use electricity and water while occupying the private house of this case.

Furthermore, the debtor is not only in arrears with the payment of 560 million won in total of the management expenses up to the date. In the event that the debtor does not take measures for cutting electricity and water supply for the instant private letter, considering the characteristics of the condominium building, the owner of the instant building continues to bear the monthly average electricity and water supply fees of 12 million won used by the debtor of the instant building due to the characteristics of the condominium building; the liability for electricity and water supply fees corresponding to the ongoing voluntary auction for the instant private letter or the exclusive portion management expenses is not succeeded to the successful bidder; the debtor does not raise an objection against the measures for cutting electricity and water supply until the end of December 2007, even though the debtor did not raise an objection against the overdue management expenses by the end of December 207, taking into account all the circumstances, such as the fact that electricity and water supply facilities are being used by the creditor, the need to preserve the debtor against the measures for cutting electricity and water supply is also recognized.

3. Conclusion

If so, the creditor's application of this case is sufficiently well-founded to explain the right to be preserved and the necessity of preservation, so it shall be accepted and decided as per Disposition.

July 25, 2008

The presiding judge, chief judge and associate judge

Judges Lee Young-jin

Judges Kim Gin-American