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(영문) 서울중앙지방법원 2017.05.12 2015가합547525
관리비
Text

1. The Defendant’s KRW 496,304,290 and KRW 421,929,240 among the Plaintiff’s KRW 5% per annum from March 3, 2017 to May 12, 2017.

Reasons

1. Facts of recognition;

A. On June 30, 2010, the Defendant was a business proprietor who newly built and sold 8 or 232 units of C Apartments located within the Hansi District B (hereinafter “instant apartment”), and completed registration of the preservation of ownership for each household of the instant apartment on June 30, 2010. The Plaintiff provided matters concerning the management of multi-family housing by the Housing Act before the former Housing Act enters into force on March 2012 for the management of the instant apartment.

It is the council of occupants' representatives organized according to it.

B. Among the instant apartment 232 households, 57 households listed in the [Attachment 1] List of the 57 Generations (hereinafter “the instant 57 households”) indicated in the [Attachment 1] List have not been registered for the transfer of ownership to the buyers after the registration of ownership preservation was completed in the future. On September 1, 2010, the registration of ownership transfer was completed for the trust company (hereinafter “the instant trust company”).

Of the instant 57 generations, the sales contract was not concluded until the closing date of the argument in the instant case, or even if the sales contract was concluded, the sales price was unpaid. As regards 205 Dong 901, the sales price was fully paid on October 28, 2016, and D and E transfer registration for ownership based on sales was completed in the future.

C. According to Articles 68, 70, and 7 of the Management Rules of the instant apartment (the evidence No. 3, hereinafter “instant Management Rules”), management expenses shall be paid by the end of the following month, and additional charges shall be imposed on the occupants, etc. who failed to pay management expenses by the due date according to the overdue rate in attached Table 7. The attached Table 7 shall be 2% of the unpaid amount if they are paid within the first two months after the due date, 5% of the unpaid amount if they are paid within four months after the lapse of two months (the foregoing 2% was extinguished, hereinafter the same shall apply), and eight months after the expiration of four months.

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