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(영문) 부산지방법원 2018.12.12 2018나3387
관리비
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and counterclaim claims filed in the trial are dismissed.

2. Costs of appeal; and

Reasons

1. Determination as to the principal lawsuit

A. 1) The plaintiff's assertion concerning the cause of the claim is the council of occupants' representatives of the Dong-gu Busan Metropolitan City (hereinafter "the loan of this case"). The defendant is the resident of the Dong-gu, Busan Metropolitan City (hereinafter "the loan of this case"), and the defendant does not pay the management expenses of the loan of this case for a long time. Thus, the defendant is obligated to pay the plaintiff the total management expenses of the loan of this case 6,135,970 won and the damages for delay. 2) The judgment of the court below, Gap, Eul, Eul, Eul, Eul, Eul, Eul, Eul, Eul, Eul, Eul, 5 (Management Rules), Eul, 5 (Full Certificate of Registered Matters), 6, 7 (Resident's Minutes), Gap, Eul, 8 (Resident's Meeting Minutes), and Gap, 10 (including the specifications and number of each management expenses of the loan of this case). The defendant's purchase and sale of the loan of this case due to the same reasons as the one of February 20 2016.

4. The fact that the registration of ownership transfer was completed on May 14, 2016, and the defendant occupied the above 303 on May 14, 2016, but did not pay management expenses from that time to December 2017, and the defendant's total management expenses unpaid from May 2016 to December 2017 are recognized as constituting 6,135,970. According to the above facts, the defendant is obligated to pay the above management expenses to the plaintiff, unless there are special circumstances.

The defendant's argument regarding the defendant's argument that ① the plaintiff is not in charge of the loan of this case because it is difficult to view that the plaintiff managed the loan of this case because he received management expenses from the occupants of the loan of this case, and thus, he cannot accept the plaintiff's claim. ② Since the defendant's husband C did not use the loan parking lot from August 4, 2017 to January 2018, since the defendant's husband C moved his domicile, the parking fees and tolls from August 2017 to January 201 should be excluded, and ③ the common electricity charges should be jointly borne by the moving of the loan of this case and the non-Dong resident.

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