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(영문) 창원지방법원 2015.05.20 2014나11493
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 7 (including the branch numbers if they have a serial number):

In the Changwon-si Masan-si Complex is an aggregate building consisting of 75 households in operation (31 households in the upper price and 44 households in the house), 87 households in the same house, and 90 households in multi-family housing. The Plaintiff is a management entity that actually managed the above Amarization by setting forth all the matters concerning the management and use of the Amarization with the members of the officers elected by the above Amarization as well as imposing and collecting management fees from the occupants pursuant to the above Amarization management rules (hereinafter referred to as the “management rules”), and the Defendant acquired ownership due to a voluntary auction on April 22, 2005 with respect to the above Amargu 1051.04 square meters in the underground floor where the Amarization was operated (hereinafter referred to as the “instant store”). The Plaintiff is a person who occupied and used the instant store from December 2, 2010 after acquiring ownership due to a voluntary auction.

B. The Plaintiff, before acquiring the ownership of the instant store, was divided into 215 and 216 and imposed and collected management expenses from its owners. The Plaintiff was sentenced to the Defendant’s decision to pay the above management expenses and late-payment fees as the Defendant did not pay the total management expenses and late-payment fees from May 2007 to April 2010 (the Changwon District Court 2012Na5982), and received payment from the Defendant through compulsory execution.

C. From May 2010 to December 2012, 2010, the Defendant failed to pay 6,793,270 won (the sum of the management expenses and arrears under 215, 3,353,350 won (the management expenses and arrears under 215, 3,439,920 won).

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant shall total of the management expenses and late payment charges incurred during the period from May 2010 to December 2010 to the Plaintiff, and KRW 6,793,270.

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