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(영문) 서울고등법원 2019.07.18 2018나2056726 (1)
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act") established by all sectional owners of Seodaemun-gu Seoul Metropolitan Government (hereinafter "the building in this case"), and the contents related to the management expenses under the management rules are as follows.

Article 2 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

3. The term “Lessee” means a person who rents out a building under a lease contract with a sectional owner;

4. the term “occupant” means a sectional owner or lessee who occupies a section for exclusive use in a building A, and who directly manages the store.

Article 5 (Rights, etc. of Braille) Occupants shall have the following rights and duties:

3. Liability to bear management expenses and publicity expenses required for the maintenance and management of buildings;

7. The managing company or the representative committee under Article 28 (Management Expenses) may impose management expenses on sectional owners or shop occupants who are obligated to reimburse delinquent management expenses or publicity expenses in arrears.

1. Management expenses shall be calculated on the basis of the number of units sold in lots;

2. The management expenses shall include operating expenses, taxes and public charges necessary for the maintenance and repair of the facilities, usage fees and other minimum expenses for the public welfare;

Article 29 (Duty of Payment)

1. A sectional owner or lessee shall pay the management expenses necessary for the maintenance and management of a commercial building and, if he/she fails to pay them more than three consecutive times, he/she shall be responsible to compensate all losses incurred thereby;

Article 64 (Water Fees) The water fees shall be imposed and collected on sectional owners or lessees according to the grounds for calculation when claiming management expenses.

Article 67 (Electric Fees) Electric fees shall be imposed and collected on sectional owners or lessees according to the grounds for calculation when claiming management expenses.

Article 68 (Use of Gas Facilities and Equipment)

1. A store equipped with gas facilities may use the gas, and the gas user fee shall be paid by the tenant.

(b).

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