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(영문) 의정부지방법원고양지원 2019.06.14 2017가단92485 (1)
관리비
Text

1. The Defendant’s KRW 5,407,643 as well as the Plaintiff’s annual rate from November 1, 2017 to January 31, 2018.

Reasons

In fact, around April 2016, the Defendant entered into the instant sales contract with C Co., Ltd. (hereinafter “C”), and around that time, entered into a sales contract on the first floor F-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-

Article 13(4) of the instant sales contract provides to the effect that “The management for three years from the date of initial designation of salesroom occupants shall be managed by C or the manager designated by C, but the buyer shall bear management expenses,” and Article 13(5) provides to the effect that “The input braille is obligated to comply with the management regulations prescribed by C or the management regulations prescribed by the Autonomous Management Committee established after the saleroom occupants.”

C has prepared management regulations that provide for the tenant's obligation to pay management expenses and the imposition of late payment charges on the instant aggregate building for more than two consecutive years.

Around January 7, 2015, the Plaintiff entered into a management service contract (hereinafter “instant management service contract”) with the content that: (a) the Plaintiff performs the management of the instant condominium from January 7, 2015 to January 6, 2017; and (b) receives KRW 4,000 (value-added tax separate) per square meter at service costs (hereinafter “instant management service contract”).

Article 4 of the Management Services Contract of this case provides that "the plaintiff shall claim service fees to the tenant monthly, the tenant shall pay the management expenses in proportion to the size of the area, and the plaintiff shall receive the service fees from the management expenses, Article 6 provides that "the plaintiff shall act on behalf of the tenant C for the collection, deposit, use, etc. of the management expenses, etc.", and Article 19 (1) provides that the plaintiff shall pay the tenant and the sectional owner in arrears for more than

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