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(영문) 수원지방법원 2017.01.10 2016가단39510
관리비
Text

1. The defendant shall pay to the plaintiff KRW 58,03,607 and KRW 31,356,805 among them, 2% per month from May 1, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that concludes an entrustment contract and manages the instant building with the management body of E (hereinafter “instant building”) located in Yeongdeungpo-gu Seoul (Seung-gu, Young-gu) (hereinafter “instant building”).

B. From December 20, 2007 to December 20, the Defendant shared the 5th floor No. 501 of the instant building (hereinafter “instant exclusively-owned building”) with F, one half of the shares, respectively.

C. The main contents of the building management rules of this case are as follows.

Article 3 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

The term "section ownership" means the ownership of the section for exclusive use which is the object of sectional ownership.

(b) “Partitioned owner” means a person who has sectional ownership of a building;

(c) The term "occupant" means a person who possesses a section for exclusive use from a sectional owner of the building E for reasons, such as lease, and who is not a sectional owner;

Article 4 (Composition) This management body shall consist of all sectional owners who own ownership in the E building.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

(e) Obligation to bear management expenses, etc. required for maintaining and managing buildings;

(g) Article 9 (Rights and Duties of Possessors) obligation to faithfully observe the relevant Acts and subordinate statutes related to the management of buildings, the regulations, management regulations, and the resolutions adopted by the representative committee of the management body under Chapter V of these Rules;

2. The possessor shall bear the same obligation to be borne by the sectional owner in accordance with the relevant Acts and regulations, the assembly of the management body and the resolution of the representative committee in connection with the use of the building or the land attached thereto;

Article 10 (Joint Liability) The obligation such as management expenses to be borne by a sectional owner or possessor (hereinafter referred to as "sectional owner, etc.") to the management body shall be jointly and severally liable by the relevant sectional owner, etc.

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