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(영문) 울산지방법원 2020.04.09 2019나12855
관리비
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,168,310 as well as the full payment with respect thereto from January 29, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous management organization that consists of occupants of the instant apartment in order to manage the A apartment in Gyeyang-si (hereinafter “instant apartment”).

B. On September 30, 2015, the Defendant’s husband acquired the ownership of the instant apartment house D, and the Defendant resided in D from October 2016 to October 2018.

C. Meanwhile, the provisions on the management rules of the former Housing Act (amended by Act No. 13474, Aug. 11, 2015; hereinafter “former Housing Act”) and the Multi-Family Housing Management Act and the apartment housing of this case related to the instant case are as follows.

The definitions of terms used in this Act under Article 2 (Definitions) of the former Housing Act shall be as follows:

12. The term "occupant" means any of the following persons:

(c) In cases of Articles 42 through 45, 55 and 59: The owner of the house, or the spouse and lineal ascendants or descendants representing the owner; 13. The term "user" means a person, etc. who leases and uses the house;

Article 45 (Payment, Disclosure, etc. of Management Expenses, etc.) (1) Residents and users of the collective housing falling under Article 43 (1) shall pay management expenses incurred in the maintenance and management of the collective housing to the management entity.

Article 2 (Definitions) (1) of the Multi-Family Housing Management Act shall be defined as follows:

5. The term "occupant" means the owner of multi-family housing, or his/her spouse, lineal ascendants and descendants representing the owner;

6. The term "user" means a person, etc. (excluding a lessee of rental housing) who leases and uses multi-family housing;

7. The term "occupants, etc." means occupants and users;

Article 23 (Payment, Disclosure, etc. of Management Expenses, etc.) (1) Occupants, etc. of multi-family housing subject to compulsory management shall pay management expenses incurred in the maintenance and management of the multi-family

Article 3 of the Rules on Management Rules of Apartment Houses of this case.

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