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(영문) 서울중앙지방법원 2015.12.15 2014가합53931
관리비
Text

1. As to the Plaintiff KRW 176,33,020 and KRW 16,192,340 among them, the Defendant shall pay to the Plaintiff KRW 176,33,020 from November 7, 2014, and KRW 160,140,680.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body comprised of sectional owners of a building A located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) for the purpose of implementing the management of a building and its site and its accessory facilities pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

The contents of the Plaintiff’s management rules pertaining to this case are as follows:

Article 2 (Purpose) The purpose of this Code is to promote common interests and to facilitate the smooth operation of community life by prescribing all the matters necessary for the management and operation of the building, site, and appurtenances of the building of this case under the Multi-Family Building Act, and for joint business activities.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

4. Obligations to bear all expenses incurred in maintaining and managing buildings and conducting joint business activities. Article 42 (Incorporation of Management Corporation)

1. A management body shall establish a management body for the smooth operation and efficient management of A;

2.Article 48 of this Act shall apply to all expenses incurred in operating and managing the management personnel.

Article 48 (Details of Management Expenses)

1. A sectional owner, etc. shall bear all the expenses incurred in the management of the electric utility and the common part (hereinafter referred to as "management expenses") in accordance with the standards for imposition of management expenses set by the representative meeting of the management body;

Article 49 (Items of Imposition of Management Expenses and Methods of Collection) The manager shall calculate and notify the management expenses according to the actual expenses settlement system in accordance with the standards for and methods of calculation of the management expenses determined by the representative meeting of the management body, and the sectional owners, etc. shall pay the management expenses to be borne every month according to the method of payment

Article 52 (Administrative Fines such as Management Expenses)

1. A sectional owner, etc. shall designate a manager for management expenses prescribed in Articles 46, 47, and 48;

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