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(영문) 광주지방법원목포지원 2016.07.13 2016가단50878
관리비
Text

1. The defendant shall pay to the plaintiff KRW 57,989,768 and KRW 50,614,120 among them, from March 15, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the Plaintiff is a management body comprised of sectional owners and occupants of the 202, 203, 301, 302, 403, 501, 603, 603, 604, 702, 703, and 704 among the instant buildings.

B. Of the management rules of the instant building (hereinafter referred to as the “instant rules”), the contents related to the instant case are as follows.

Article 7 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

6. Liability to bear various expenses, such as management expenses and publicity expenses required for the maintenance and management of buildings and revitalization of commercial buildings;

8. Obligations of the relevant Acts and subordinate statutes and the regulations, regulations, and resolutions of a general meeting related to the management of buildings to faithfully observe the regulations, regulations, and resolutions of a general meeting (joint and several liability such as management expenses, etc.) Article 11 (Joint and Several Obligations such as Management Expenses, etc.) shall be jointly and severally liable for management expenses, publicity expenses, etc. to be borne by the owners

In addition, the final liability is the sectional owner.

Article 12 (Prohibited Matters) A sectional owner or possessor shall not engage in any of the following conduct:

4. Failing to perform the duty to pay various expenses imposed for the operation and revitalization of the commercial building, such as management expenses and publicity expenses. Article 53 (Management Expenses)

1. Direct costs: Costs and public charges for electricity, gas, waterworks, heating, cooling, mutual assistance, etc. used directly by a sectional owner or possessor, buildings, fire insurance premiums, charges for causing traffic congestion, fees for use of public facilities, etc. which can be classified by sectional owner or possessor;

2. Common expenses (1) Costs for cleaning, guarding, office work, personnel expenses, such as guidance, gas, electricity, water supply, septic tanks, etc.;

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