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(영문) 서울중앙지방법원 2017.03.17 2016나59944
관리비
Text

1. Upon the request of the plaintiff who has been extended or reduced in the trial, paragraph 1 of the order of the first instance judgment shall be amended as follows:

Reasons

1. On March 1, 2011, the Plaintiff entered into a contract on the entrusted management and operation of the instant shopping mall located in Jung-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”) with the D management body, which is the management body, and was delegated the duties of the manager from the said management body.

The scope of the entrusted management and operation stipulated in the above contract includes affairs concerning the imposition, collection, deposit, and use of management expenses.

Since then, the plaintiff becomes a payer of all expenses incurred in the management and operation of the commercial building of this case and has been appropriated as management expenses collected by the plaintiff from sectional owners, etc.

On January 14, 2015, the Plaintiff reported the superstore operator of the instant commercial building to the Jung-gu Office on January 14, 2015, and received a written confirmation from the said Gu office on January 31, 2015.

The Defendant is the sectional owner of the first floor 183 among the instant commercial buildings. From May 2013 to October 2016, the Defendant delayed the payment of KRW 8,858,910 in the aggregate of KRW 8,858,910 for the management expenses from May 2013 to October 2016.

[Ground of recognition] Gap evidence Nos. 1, 2, 4 through 9, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff is entitled to the authority delegated pursuant to the contract concluded with the management body of the instant commercial building on March 1, 201, before reporting the superstore manager, and after reporting, pursuant to the authority of the superstore manager, the Plaintiff may claim management expenses for the sectional owners of the instant commercial building.

Therefore, the defendant is obligated to pay to the plaintiff the management expenses and late payment fees of KRW 8,858,910 and the late payment damages of KRW 8,60,870 among them, unless there are special circumstances.

3. Defendant’s assertion

A. The Plaintiff’s assertion that the management consignment agreement was terminated has a lot of problems, such as insufficient management of the Plaintiff’s building and unfair collection of management expenses.

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