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(영문) 울산지방법원 2018.02.08 2016가단27688
관리비
Text

1. The Defendant’s KRW 90,532,646 as well as the Plaintiff’s annual rate from December 29, 2016 to February 8, 2018.

Reasons

1. Facts of recognition;

A. A main complex building (hereinafter “instant building”) is an aggregate building consisting of 7 underground floors and 40 floors above ground located in Ulsan-gu, Ulsan-gu, and 268 households of multi-family housing from 6th to 40 floors above ground, 48 households of officetels from 3rd to 4th floor above ground, and sales facilities (a sales facility) from 1st to 2nd floor above ground.

The Plaintiff determined all matters concerning the management and use of the building of this case by consisting of the executives elected by the occupants of the building of this case and imposed and collected management expenses to the occupants pursuant to the management rules of the building of this case (hereinafter “management rules of this case”).

B. On April 25, 2016, the Defendant received the registration of ownership transfer from the Sejong Holdings Co., Ltd. (hereinafter referred to as “ Sejong Holdings”) on the instant building 103 Dong 103, 103, 104, and 201 (hereinafter referred to as “instant store,” among them, on the ground of trust.

On April 2016, Sejong Holdings, a truster, continued to lease the instant store to D, who had been engaged in restaurant business in the name of “C” at the instant store before the Defendant acquired the Defendant’s ownership.

C. D, while operating the instant cafeteria at the instant store, closed the cafeteria around November 2016 and delivered the instant store to Sejong Holdings.

D The management expenses for the instant store from July 2016 to November 201 of the same year were in arrears, and among them, the management expenses for the portion of subparagraph 201 of this case are KRW 90,532,646.

Article 3 (1) of the Management Rules of this case provides that "occupant" means the owner of a multi-family housing, or his/her spouse or lineal ascendant or descendant representing the owner," and Article 13 (2) of the Management Rules provides that "if a tenant leases a house owned by him/her to a user, he/she shall be delinquent in paying management fees, etc

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