logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.10.07 2015나13666
관리비 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Determination as to the cause of claim

A. According to the facts that there is no dispute over the management expenses and late payment charges, Gap 1, 2, 5, and Gap 7-2 and 4's overall purport of the arguments and arguments, the plaintiff is an organization in charge of the management of Busan Metropolitan Government C apartment (hereinafter "C apartment"), and the defendant was a person who acquired the ownership of C apartment 102 and 904 (hereinafter "the apartment of this case") on December 22, 2004, and the plaintiff was a person who acquired the ownership of C apartment 102 and 904 (hereinafter "the apartment of this case"), and the management expenses and late payment charges for the apartment of this case from September 2012 to May 2014 (hereinafter "the unpaid period of this case"), and the management expenses and late payment charges for the apartment of this case (2,275,770 won (=2,014,410 late 261,360 won), and the defendant may recognize the fact that the above management expenses have not been paid.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff unpaid management expenses and late payment charges 2,275,770 won and damages for delay.

B. The Plaintiff seeking to pay the Defendant a total of KRW 19,440,00,000, in addition to the late payment charge on unpaid management expenses.

2. (f) In addition to the late payment charges recognized in accordance with the C Apartment Management Rules, there is no sufficient evidence to acknowledge the basis for imposing the item, or the basis for calculating the amount, so the Plaintiff’s claim for this part of the claim cannot be accepted.

2. Judgment on the defendant's assertion

A. As to the assertion that management expenses were not notified, the defendant did not use the apartment of this case at all, but did not comply with the plaintiff's claim of this case since there was no record of receipt of management expenses or notice from the plaintiff.

According to the above evidence, Gap evidence, Gap evidence Nos. 3 and 4 and the purport of the whole pleadings, the plaintiff is not only the unpaid period of this case, but also the management fee for the apartment of this case from around 2007.

arrow