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(영문) 수원지방법원 2019.05.29 2018나73591
관리비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 5, 2014, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff, setting the lease term of two years, lease deposit of 60,000,000 won with respect to the instant housing F, which is owned by the Plaintiff.

B. Around April 2016, the Defendant notified the Plaintiff that the lease contract will not be extended, and the Plaintiff did not refund the lease deposit to the Defendant even after the lease contract term expires.

The Defendant, who was unable to receive a refund of the lease deposit, continued to reside in the instant housing F, and moved to another place around June 10, 2017.

C. While the Defendant resided in the instant housing F, the Defendant did not pay to the Plaintiff the management expenses of KRW 220,000 from July 2016 to May 2017, and the water supply tax of KRW 100,000 for 25 months from July 2014 to May 2017 (= KRW 4,000 per month x 25 months).

[Reasons for Recognition] Facts without partial dispute, Gap evidence 2, Eul evidence 2-1, Eul evidence 4-1, Eul evidence 10, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the management expenses and the water tax totaling of 320,000 won (=220,000 won) and delay damages.

B. The plaintiff sought payment of KRW 210,252 with management expenses, water supply expenses, and distribution expenses in addition to the amount stated in the above paragraph (1), but there is no evidence to acknowledge this, and the plaintiff's claim for this part is not accepted.

C. In addition, while the Defendant leased the instant housing F, the number of housing units E was incurred due to negligence in managing the instant housing units. Accordingly, the Plaintiff was subject to termination of the lease agreement on the instant housing E, and the Plaintiff was granted a loan of KRW 190,000,000 to repay the lease deposit under the instant housing E. In the process, ① the introduction fee of KRW 190,000,000 paid from the C Association to obtain a loan, and ② the interest in arrears for one month against the Korea Land and Housing Corporation.

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