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(영문) 서울남부지방법원 2019.02.21 2018가단255680
관리비
Text

1. The Defendants jointly and severally with E amounting to KRW 66,83,150 and Defendant C with respect thereto from September 16, 2018.

Reasons

1. In full view of the overall purport of evidence Nos. 1, 2, 5, and 6 of the judgment as to the cause of the claim, the Defendants and E acquired shares of 1/3 each of them through a voluntary auction on March 30, 2012 with respect to the Guro-gu Seoul F and the A Underground Second Class H (hereinafter “instant real estate”) located in G, and the fact that the Defendants and E acquired shares of 1/3 each of them through a voluntary auction on March 30, 2012, and the fact that the instant real estate was imposed a sum of 66,83,150 won as shown in the attached Form, with respect to management expenses and late fees, etc. from April 2014 to July

According to the above facts, the defendants are sectional owners sharing the real estate in this case with E, and they are jointly and severally with the plaintiff, barring any special circumstance, and as to the management expenses and late payment charges totaling KRW 66,883,150, the defendant C was served with the copy of the complaint in this case from September 16, 2018, and the defendant D did not serve with the defendant D the copy of the complaint in this case with the person who was served with the copy of the complaint in this case, but the defendant D filed an objection against the payment order on the premise that it was paid. From September 22, 2018 to the day of complete payment, the defendant D had a duty to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 22, 2018 to the day of full payment.

(A) On the other hand, the court below's determination as to the Defendants' assertion on the following: (a) the late payment damages can be acknowledged after demanding the payment as the instant complaint.

A. The summary of the Defendants’ assertion that the Defendants did not have the obligation to pay for the transfer delinquent management expenses was provisionally seized the instant real estate in KRW 41,257,560, around February 201, and the Defendants provisionally seized KRW 59,628,570, around November 2012, which was after the Defendants acquired the said real estate by auction. However, the Defendants’ notification received on October 25, 2012 and stated management expenses in KRW 65,164,440.

There is no reason for the Defendants to bear management expenses, and the amount of management expenses shall be determined voluntarily by the Plaintiff.

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