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(영문) 부산지방법원 2018.08.09 2017가단32868
관리비
Text

1. The Defendant’s KRW 157,855,629 among the Plaintiff and KRW 94,800,203 among the Plaintiff, shall be KRW 63,05,426 from October 28, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body composed of sectional owners of the Busan Jin-gu A building (hereinafter “instant building”) pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “the Condominium Act”) and the management rules, and the Defendant is a sectional owner of the first floor of the instant building.

B. The Defendant remains unpaid KRW 157,85,629 in total of the management expenses and late payment fees from January 2, 2017 to February 2, 2018 (=21,189,794 in arrears of KRW 136,65,835 in management expenses).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 12 (including provisional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff has the authority to impose and collect management expenses and late payment charges from the Defendant, who is a sectional owner of the instant building, pursuant to the Act on Aggregate Buildings and the Management Rules of the instant building, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 5, 2018 to the day of full payment, with respect to KRW 157,85,629, and KRW 94,80,203, which is obvious from October 28, 2017 to the day following the service of the original copy of the instant payment order, as to KRW 63,05,426, which is the day following the date of service of the original copy of the instant payment order.

(In excess of the claim for delay damages, the part of the claim is without merit). 3. Judgment on the defendant's argument

A. The Defendant asserts that the costs of the cooling and heating construction of the first underground floor are related to the cooling and heating construction of the instant building, which was installed around November 2015, by taking into account the level of KRW 120,000,000, the cooling and heating systems of the first underground floor among the instant building, and accordingly, the Plaintiff asserts that the portion corresponding to the costs of the cooling and heating construction should be refunded out of the costs of the

The cost and construction cost incurred by the Defendant in installing the first floor cooling and heating systems under the ground are specified.

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