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(영문) 수원지방법원여주지원 2017.09.20 2016가단5216
관리비
Text

1. The Plaintiff:

A. Defendant B shall complete the payment of KRW 31,310,090 and KRW 18,901,670 among them from June 28, 2017.

Reasons

1. Basic facts

A. An apartment complex A main apartment in Gyeonggi-gu (hereinafter “instant condominium”) consists of apartment and commercial buildings.

B. The main contents of the commercial building management rules of the instant condominium building are as follows.

Article 15 (Joint Management and Separate Management) (1) In the light of the characteristics of main apartment, apartment and commercial buildings shall be integrated management by one managing body.

(2) The council of occupants' representatives shall delegate the right to manage commercial buildings before classifying the management right.

Article 19 (Joint and Final Liability for Management Expenses, etc.) Obligations such as Management Expenses, Fees, etc. to be borne by a sectional owner and possessor to the management entity shall be jointly and severally liable by the relevant sectional owner and possessor.

C. The Plaintiff is an organization representing occupants and users of multi-family housing among the instant aggregate buildings, and is performing the management of the instant aggregate buildings including commercial buildings pursuant to Article 15(2) of the Commercial Building Management Rules.

Defendant B is the owner of 105 to 113 of the instant aggregate building (hereinafter “Defendant B-owned commercial building”), and Defendant C acquired the ownership of 206 to 209 of the instant aggregate building (hereinafter “instant heading 206 to 209”), but transferred the ownership of the said commercial building to E on December 24, 2015, and Defendant D operated the khcs with the trade name “F” from May 2014 to May 2014.

E. On August 31, 2015, the Plaintiff and the management body of the instant condominiums agreed on the following contents:

(hereinafter referred to as the “instant agreement”). The Plaintiff and the Council of the Commercial Building Management Body enter into a written agreement with respect to the joint management of apartment and commercial buildings of the main complex building as follows:

Article 1 (Apportionment Ratio of Management Expenses) The distribution ratio of management expenses for apartment and commercial buildings shall be adjusted by mutual consent, and adjusted ratio may be applied from September 1, 2015.

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