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(영문) 의정부지방법원 2016.07.07 2015나5843
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. Presumed facts

A. The status and ownership of the Plaintiff is an organization consisting of its occupants in order to carry out D management affairs, etc. on the parcel of land, Macheon-si, C, and 2.

On December 20, 2010, the Defendant purchased the above D Nos. 1 and 1401 (hereinafter “instant apartment”) and completed the registration of ownership transfer concerning the said apartment on January 7, 201.

The instant apartment was transferred to E through the voluntary auction procedure on June 3, 2015.

B. Article 15(1) of the management rules states, “The management authority may exercise a claim against a person who succeeds to the status of an occupant, such as management expenses, user fees, long-term repair appropriations, etc.” and Article 15(2) of the management rules states, “When the occupants, etc. fail to pay the management expenses, etc., the management authority shall bear the obligation of the heir (including the purchaser, successful bidder, special successor, etc.)

C. The Defendant, who did not pay the management fee for the instant apartment, refers to the management fee, which was until October 31, 201, for the payment deadline for September 201, when the apartment was owned by the Defendant.

(hereinafter the same shall apply)

From August 2011 to November 2013, management fees of KRW 12,377,160 and late payment fees of KRW 1,931,880 incurred from August 201 to November 2013, 14,309,040 ( KRW 12,377,160) were unpaid.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 8, Eul evidence 18 (including branch numbers, if any), witness F's testimony, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant bears the responsibility to pay all of the management expenses incurred during the period of possessing the apartment of this case pursuant to the above management rules, without distinguishing the section for exclusive use and the section for common use. As such, the above management expenses and late fees 14,309,040 won from July 2, 2014 to the day of complete payment, which is the day following the delivery of the payment order of this case.

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