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(영문) 부산지방법원 2015.10.30 2014나16118
관리비
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a management body established for the purpose of the management of the instant aggregate building and its site and its accessory facilities pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) by sectional owners, etc. of A, which is an aggregate building of three lots outside Busan, Jin-gu, Busan, and the ground of three lots (hereinafter “instant building”).

B. From August 2005 to February 2, 2010, D failed to pay 5,642,950 won for public use management expenses for the first floor of the instant building (hereinafter “instant store”). On February 8, 2010, the Defendant was awarded a successful bid for the instant store, and from March 27, 2010, entrusted the instant store to the Self-Governing Council on December 27, 2012 while failing to pay the management expenses for the instant store.

C. According to the Plaintiff’s articles of incorporation (hereinafter “instant articles of incorporation”), the Plaintiff’s member who was the owner of the instant condominium building or the lessee thereof, and the Plaintiff’s member is liable for the payment of management expenses (Article 8); management expenses are imposed in accordance with the principle of employer-sharing; management expenses are imposed; management expenses for common areas are calculated according to the number of units sold in lots; management expenses for exclusive use are calculated according to the usage volume; management expenses for exclusive use are calculated according to the usage volume (Article 32); the effect of the instant articles of incorporation is limited to the person who succeeded to the status of the occupant (Article 2 subparag.

(Article 8(1)(d) of Addenda.

The management expenses and late payment fees from August 2005 to December 2, 2012 regarding the instant store are KRW 11,669,740 in total (i.e., management expenses in arrears for up to February 2, 2010, KRW 5,642,950 in management expenses in arrears from March 2, 2010 to December 2, 2012, KRW 4,416,830 in management expenses in arrears from March 3, 2010 to December 2, 2012, and KRW 1,609,960 in arrears from March 201 to December 2012 (hereinafter “management expenses in this case”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on this safety defense

A. The plaintiff asserted 1.

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