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(영문) 창원지방법원 2018.03.30 2016가단20513
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 17,250,290 and the interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established for the management and operation of “A building” of the 11st floor building in the Sungsi-gu, Changwon-si.

B. The defendant completed the registration of ownership transfer on January 24, 2008 as to Nos. 601, 602 and 603 of A building.

D In June 8, 2015, A building 602 and 603 were completed on June 4, 2015 due to compulsory sale by official auction.

C. The main contents of the management rules set by the Plaintiff are as follows.

Article 2 The definitions of terms used in this Code shall be as follows:

1. The term "occupant" means a person who has the sectional ownership in a building A on the register;

2. The term "user" means a person who has occupied or occupied the section of exclusive ownership by lease, etc.

6 Obligations of Residents, etc.

3. An occupant and a user (hereinafter referred to as "occupant, etc.") have paid expenses, management expenses, advance payments, special repair reserve, etc. required for the maintenance of a building and for the common interest thereof;

(c) The obligation, such as management expenses, to be borne by the management entity, shall be jointly and severally liable to the occupant and the user concerned;

Article 20 Management Expenses

1. Management expenses shall be calculated on the basis of the area of sale in lots;

(1) Management expenses shall be classified into general management expenses imposed on a fixed amount each month and actual expense settlement management expenses incurred in illegal amounts.

(2) The actual cost settlement management expenses refer to the expenses incurred in accordance with the principle of the prisoner's burden, such as the details of the expenses in the nature of the latter, such as electricity, gas, water supply and drainage, and cleaning expenses, and repairing expenses.

(3) All expenses incurred for the public use shall be imposed proportionally on the basis of the area of the relevant sale (lease).

2. The management expenses calculated pursuant to the provisions of paragraph 1 shall be imposed on the occupants, etc. by the 24-26th of the following month, and the occupants, etc. shall pay them to the financial institution designated by the management authority by the

An occupant, user, etc., such as the collection of overdue charges and delinquent management expenses, shall be the following month.

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