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(영문) 부산지방법원 2015.08.19 2014가합52752
관리비
Text

1. The Defendant’s KRW 32,229,00 for the Plaintiff and 5% per annum from July 9, 2015 to August 19, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a management body comprised of sectional owners of the third and third underground floor and the 12nd underground floor, located in the 56-ro, Young-gu, Busan Metropolitan City (hereinafter “instant commercial building”), and the Defendant is a sectional owner awarded a bid for compulsory auction on February 8, 2012.

B. On June 13, 2011, the Plaintiff enacted the management rules of the instant commercial building; and on July 22, 2013, the said management rules were amended.

(hereinafter referred to as “instant management rules” in total of the management rules enacted on June 13, 201 and the amended management rules on July 22, 2013.

Article 32 subparagraph 2 of the above Decree on the Establishment of Management shall be collected by adding the late payment charge of 5% every month at the time of default of management expenses to the above provision. Article 31 subparagraph 2 of the above Decree on the Establishment of Management Rules was amended to the provision that "the collection of late payment charge of 2% every month at the time of default of management expenses shall be increased (6% every month after three months) and collected every month."

The details of management expenses imposed by the Plaintiff on the Defendant from February 2, 2012 to September 2014 are as shown in the attached Form, while the Plaintiff notified the Defendant of the payment of management expenses.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 8, 11 through 13 (including each number), the purport of whole pleadings

2. Determination on the cause of the claim

A. (1) The Plaintiff’s assertion (1) The unpaid management expenses from February 2012 to September 2014 under the instant management rules are KRW 38,464,814, and the unpaid management expenses are KRW 55,409,895, and the Defendant paid KRW 4,000,000 as part of the management expenses on August 22, 2012.

(2) Therefore, the Defendant is liable to pay the unpaid management expenses of KRW 89,874,709 (i.e., the unpaid management expenses of KRW 38,464,814, the late payment charges of KRW 55,409,895 - the late payment management expenses of KRW 4,00,000) and damages for delay.

B. (1) Determination of Article 29(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) is that the establishment, alteration, and abolition of a provision is more than 3/4 of the sectional owners at the managing body’s meeting.

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