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(영문) 창원지방법원 2015.12.01 2015나31197
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body comprised of sectional owners of a building A located in Seongdong-gu, Sungwon-si (hereinafter “instant building”). The Defendant is a person who was a sectional owner of the instant building, Nexpexdong 817 (hereinafter “instant store”) from April 2, 2012 to November 13, 2014.

(b) Article 15 (Obligations of Members) (3) Members shall assume the following obligations to maintain order of communal life and to maintain and manage all facilities:

6. An obligation to bear management expenses and long-term repair appropriations necessary for the maintenance and management of public facilities, etc. monthly, and where a building owned is leased, etc. to an user, the relevant member shall be liable to bear management expenses and usage fees.

Article 62 (Composition and Calculation Principles of Management Expenses, etc.) (1) Management expenses, user fees and long-term repair appropriations (hereinafter referred to as "management expenses, etc.") shall be the sum of the monthly amounts of the following items, and the composition details and calculation methods thereof shall be in accordance with the principle of user burden and the principle of fair burden:

1. General management expenses;

2. Expenses for cleaning, disinfection, and quarantine;

3. Maintenance and repair expenses of elevators;

4. Expenses for water supply, heating expenses, and gas supply;

5. Insurance premium for a building;

6. Common electricity rates and water rates;

7. Special repair reserve funds.

8. Other expenses (Collection, safekeeping and deposit of management expenses, etc.) (1) Notice for payment of various expenses, such as management expenses, shall be issued to occupant enterprises seven days prior to the due date for payment, specifying the amount by item, such as Dong, lake and management expenses, the payment deadline, place of payment, etc.

(3) Management expenses, etc. shall be paid from the delinquent management expenses.

(4) A sectional owner shall bear the joint management expenses even when a factory laboratory occurs due to transfer, etc.

Article 66 (Arrears of Management Expenses, etc.) (1) Additional dues shall be imposed on occupant enterprises which have not paid management expenses, etc. within the prescribed period, and the overdue rate shall be determined by the resolution of the

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