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(영문) 인천지방법원 2018.02.07 2017가단4842
관리비
Text

1. The Defendant: KRW 47,052,620 for the Plaintiff and KRW 5% per annum from November 4, 2017 to February 7, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, and is responsible for the calculation, notification, collection, etc. of the management expenses of five lots A1 complex-based shopping complex-dong (hereinafter “instant building”).

B. On April 21, 2015, the Defendant acquired the ownership of the instant building E (hereinafter “Defendant shop”) due to the sale from D Co., Ltd.

C. The Plaintiff calculated the total management expenses of the instant building through the controlled entity each month and calculated the management expenses for each store according to the ratio of the sales area of each store to the total sales area, and notified each store thereof.

The management expenses that are calculated and notified to each store shall be comprised of general management expenses, cleaning expenses, disinfection expenses, expenses, repair allowances, prosperity fees, electricity fees, water supply fees, heating fees, etc., and where the monthly payment deadline exceeds the payment deadline, the late payment fees prescribed by the Commercial Building Management Rules shall be added.

The above electricity charges are divided into the household electricity charges and the common electricity charges, and the household electricity charges include the basic charges imposed by the plaintiff on the entire building of this case according to the quantity of each household used.

The Plaintiff included part of the basic charges set at the lowest level in the household electricity charges even in the case of the household units in the public room until October 2016, but through the resolution of the board of directors, in the case of the household units in the public room from November 2016 to November 2016, part of the basic charges was not included in the household electricity charges.

From May 2015, the Plaintiff notified F of the management expenses of the Defendant store to F who represented the Defendant.

Management expenses (including overdue fees) from April 2015 to September 2017 of the Defendant shop, which the Plaintiff calculated and notified, are 47,052,620 won in total.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7 and 9 (including paper numbers), and the purport of the whole pleading

2. The assertion and judgment

A. Determination as to the cause of the claim

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