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(영문) 서울동부지방법원 2016.10.11 2015가단119261
관리비
Text

1. The Defendants are 21,689,777 won to each Plaintiff and 15% per annum from September 10, 2016 to the date of full payment.

Reasons

1. Basic facts [the grounds for recognition: Facts without dispute, Gap evidence 1 through 8, evidence 10 through 14, Eul evidence 2, 3, 6, 7, 8, and 9 respectively, the purport of the whole pleadings and arguments];

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a management body established as a member of all sectional owners of Jeju Complex (hereinafter “instant commercial building”) that is an aggregate building located in Yongsan-gu, Busan Metropolitan City E.

B. The Defendants are co-owners of the instant store that completed the registration of ownership transfer with respect to the second floor No. 221 (hereinafter “instant store”) on September 14, 2007 on the ground of the sale and purchase on September 14, 2007, the Yangyang Branch of the Cheongyang Branch of the Do Government District Court (No. 151791) received on November 9, 2007, and completed the registration of ownership transfer with respect to each share No. 1/3.

C.1) On October 12, 201, Defendant B and C entered into a commercial rent agreement with F on the condition that the store of this case is to be leased under the condition that the store of this case separate from value-added tax and management expenses; (ii) Defendant B and C would deposit KRW 200 million; (iii) from October 12, 2011 to March 25, 201; and (iv) from March 201, 201; and (v) from November 20, 2014 to December 20, 201, G would pay the lessor the fees for the use of the store of this case; and (v) from November 20, 2014 to December 25, 2016, G would pay the lessor the fees for the commercial use (including the fees for common use; and (v) the fees for the use of the store of this case under the conditions prescribed by the management rules for the commercial use management.

3) Meanwhile, the former lessee F and the present lessee G used the instant store as well as the section for common use adjacent to the instant store, and in return, paid the Plaintiff a fee of KRW 300,000 per month. D. Management rules of the instant commercial building (hereinafter “the instant store”).

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