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(영문) 광주지방법원 2020.07.02 2019나4805
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. Basic facts

A. The Plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings established with all sectional owners of the Seo-gu Seoul Building (hereinafter “instant building”) as members of the sectional owners, and the Defendant is a sectional owner of the third floor C of the instant building (hereinafter “instant store”).

B. From April 2018 to September 2018, the Plaintiff imposed KRW 2,433,350 on the Defendant an aggregate of KRW 1,983,50 and late payment charges of KRW 449,850.

C. The items of management expenses imposed on the Defendant are “general management expenses, lecture maintenance expenses, repair and maintenance expenses, joint electricity charges, joint water supply charges, special repair reserve funds, heating and cooling expenses, and electricity charges.”

Article 53 (Management Expenses)

1. Management expenses mean all the expenses required for the efficient operation, maintenance, and repair of a pleasant environment and building, that is, personnel expenses, repair and maintenance expenses, and other expenses required for the maintenance and repair of co-owned facilities, etc. provided for the commercial convenience, the cleaning of public space, etc., and all the expenses including air cooling and heating expenses, escalators, and elevator maintenance expenses;

Article 54 (Calculation and Imposition of Management Expenses, and Methods of Collection)

1. The management expenses shall be calculated and notified by the management entity as the settlement system for actual expenses according to the following standards and calculation methods, and the sectional owners, etc. shall pay the management expenses to be borne each month according to the payment method

Article 5 (Payment of Management Expenses)

5. The basic management expenses per month shall be paid by the relevant sectional owner with respect to the unpaid section for exclusive use.

(Basic Management Expenses shall be paid every month after the expiration of the payment period in accordance with the standards for late payment determined by the board of directors, if the management entity fails to pay the management expenses under Article 53 of the Management Rules by the due date determined by the management entity.

The building of this case.

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