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(영문) 서울동부지방법원 2019.01.23 2017가합108934
관리비
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 430,471,116 and 6% per annum from September 21, 2017 to January 23, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that is entrusted with the authority to impose and collect management fees by concluding an entrustment contract with the E management body comprised of all sectional owners of the building in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”).

B. On May 23, 2017, the Defendants: (a) sold the entire 24th floor of the instant building (i.e., G heading G & 18; hereinafter “instant real estate”) in a voluntary auction procedure; and (b) completed the registration of ownership transfer (i.e., shares 1/2).

Article 6 (Rights and Duties of Sectional Owners) of the E Management Body Regulations shall have the following rights and duties:

5. The rights and obligations under Article 7 (Succession to Rights and Obligations) shall automatically be succeeded to the person who succeeds to the status of the owner due to a change in ownership on the registry.

Article 9 (Rights and Duties of Possessor)

2. The possessor shall have the same obligation to be borne by the sectional owner in relation to the use of the building, site or annex facilities according to the regulations or the meeting of the management body and the resolution of the representative committee;

Article 10 (Joint and Several Obligations) Obligations such as Management Expenses to be borne by sectional owners or occupants (hereinafter referred to as " sectional owners, etc.") to the management body or manager shall be jointly and severally liable by the relevant sectional owners, etc.

Article 50 (Administrative Fines such as Management Expenses)

1. If a sectional owner, etc. fails to pay management expenses under Article 47 by the designated payment deadline, he/she shall pay 5/100 of the unpaid principal plus late payment fees every month after the expiration of the payment deadline;

Article 4 (Order of Collection) of the Regulations on the Collection of Expenses in Arrears (Order of Collection), the collection order of the expenses in arrears, the expenses in arrears, the preservation of claims, shall be

1. Expenses for measures to preserve claims;

2. Overdue charge;

3. Article 5 (Additional Dues) (1) When an occupant fails to pay the management expenses by the payment period designated by the administrator, every one month after the expiration of the payment period.

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