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(영문) 수원지방법원 2016.05.11 2015가단35528
관리비
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 49,169,950 and KRW 39,228,530 among them. The Defendants shall pay to the Plaintiff full payment from November 1, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an entrustment contract with the management body of the building of the building of this case (hereinafter referred to as "the building of this case"), and manages the building of this case while performing delegated affairs, including the imposition, collection, deposit, etc. of management expenses. The Defendant A acquired the ownership of the building of this case on June 3, 2013 by selling the building of this case (hereinafter referred to as "the store of this case") among the buildings of this case. Defendant B concluded a lease contract with Defendant A with regard to the store of this case and occupied and used the building of this case.

B. Article 10 of the Regulations on the Management Body of the instant building provides that the relevant sectional owner and the possessor are jointly and severally liable for the management expenses, etc. to be borne by the sectional owner or possessor to the management body. Article 52 provides that if the sectional owner, etc. fail to pay the management expenses by the payment deadline, 2/100 of the principal paid shall be added to the late payment period every one month after the expiration of the payment deadline.

C. As to the instant store from July 2013 to September 2015, a total of 39,228,530 won, such as the entry of the “the current status of the arrears of management expenses,” was unpaid, and the arrears on each of the above unpaid management expenses are KRW 9,941,420 in total.

[Grounds for recognition] Facts without dispute, Gap 1-3, 6-8, and 12; the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, Defendant A and Defendant B, the sectional owner of the instant store, are jointly and severally liable to pay the Plaintiff the amount of KRW 49,169,950 (= KRW 39,228,530,941,420) in arrears and the principal amount of KRW 39,228,530 from November 1, 2015 to the date of full payment, which is the overdue interest rate of KRW 2%.

B. The Defendants’.

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