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(영문) 서울동부지방법원 2016.01.27 2015나2128
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked and this part.

Reasons

1. Basic facts

A. On August 6, 2012, the Defendant concluded a lease agreement with E to lease KRW 101,102 from September 15, 2012 to September 14, 2015, KRW 134 million, and KRW 103,400,000 from September 15, 2012, and KRW 103,0340,000 for the instant commercial building (hereinafter referred to as “instant commercial building”). On the same day, the Defendant concluded a lease agreement with C and H to lease KRW 103,104 (hereinafter referred to as “instant commercial building”) from September 15, 2012 to September 14, 2015, KRW 100,000,000,000,000,000,000 from September 14, 2015.

B. Around July 22, 2013, the Defendant, a representative director, entered into a contract to take over the lease of 101 and 102 commercial buildings of this case from the Defendant, and E consented thereto. On October 10, 2013, the Defendant entered into a contract to take over the lease of 103 and 104 commercial buildings of this case from the Defendant, and C consented thereto, and the store of this case was used as the office of G.

C. The following provisions are applicable to the obligation to pay management expenses of the instant commercial building management rules.

1) Article 11(a)(3) Residents shall bear every month management expenses and long-term repair appropriations necessary for the maintenance and management of common facilities, etc.

(4) If a sectional owner lends his/her section of exclusive ownership to a third party, the liability for payment under paragraph (3) shall be vested in the sectional owner and employer.

(2) Article 3 (Definition) (2) The term "user" means a person who occupies or uses a section for exclusive use and who has no sectional ownership (Lessee, tenant, etc.) and Article 8 (Lessee's Qualifications, etc.) (2) A person who acquires or loses the capacity of a new tenant shall immediately report such fact to the management authority, and any disadvantage incurred by failure to give notice shall be borne by the parties concerned.

(ii) Management rules after amendment (from September 1, 2014).

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