书 记 员杨 融
Court of people of Shanghai Pudong new developed area
(2012) Pu Min one (civilian) first word the 20760th
Accuser XX committee.
Chief old XX.
Attorney king XX.
XX of the accused Zhao.
Accuser XX committee appeals to dispute of other property of XX of the accused Zhao one case, this academy after put on record was accepted on June 28, 2012, lawfully applicable and simple and easy program, undertook cognizance at making public open a court session on August 30, 2012. XX of XX of plaintiff attorney king, the accused Zhao joins suit to front courtyard. This case already was tried now terminative.
Accuser XX committee appeals to say, on January 14, 2009, via peach of Shanghai Pudong new developed area congress of owner of 18 YY square discusses Lin Lu, " special maintenance capital manages YY square stipulations of an agreement " poll via all owner through. According to this stipulations of an agreement the first sets: Owner ought to agree according to this stipulations of an agreement pay maintains capital, and according to the 2nd the 2nd presses RMB of housing area pay 35.94 yuan / square metre (the following money is planted identical) maintenance capital. The person of building property right of room of XX of building of XX of date of XX of road of XX of new developed area of Pudong of city of sea of the accused strung, need altogether pay maintains capital 4, 194.56 yuan. Accuser sends case dun not if really, sue now come the courtyard asks to sentence your: 1, the accused pay maintains capital 4, 194.56 yuan of;2, the accused pays overdue fine (with 4, 194.56 yuan are capital, stop to the day that adjudicates become effective from January 14, 2009, by the corresponding period of Chinese people bank loan interest rate is calculated) 3, the accused bears this case legal cost.
Argue of XX of the accused Zhao says, its are owner of building of room of XX of building of XX of date of XX of Lin Lu of peach of Shanghai Pudong new developed area, this building area is 116.71 square metre. Its had not paid maintenance fund, but different idea pays overdue fine. Its never had polled the election crosses owner committee, owner committee never communicates pay to maintain fund matters concerned with its, reason is not clear that pay maintains the condition of fund. The accused asks witting pay maintains the reason of fund and utility, need to understand pay to service fund reasonable after reaching utility, decide again whether pay.
Find out via cognizance, on January 14, 2009, conference of congress of owner of square of YY of Shanghai Pudong new developed area discusses through " special maintenance capital manages YY square stipulations of an agreement " . This stipulations of an agreement agrees, owner ought to agree with this stipulations of an agreement according to the regulation pay maintains capital. Former not pay head period the owner that maintains capital, according to housing area, press 35.94 yuan / square metre is one-time pay. Person of property right of house of room of XX of building of XX of date of XX of road of XX of new developed area of Pudong of city of sea of the accused strung, this housing area is 116.71 square metre.
Additional find out, the department contends for a building to buy room person to answer the maintenance capital of pay is 4, 194.56 yuan, now have not pay.
Above fact, offer by accuser " special maintenance capital manages YY square stipulations of an agreement " , Shanghai estate register, registered letter is handed in send square of detailed list, YY special maintenance capital urges capture advice note, lawyer of the evidence such as inquiry of pay of capital of case, maintenance and bilateral party state on record evidence on the court.
This academy thinks, the owner plenary session that village owner establishs, the owner committee of the election, reach its with respect to village building on behalf of all owner the corresponding item of accessary establishment undertakes making a decision, undertake administrative, its decide to have sanction to owner. Conference of congress of owner of square of YY of Shanghai Pudong new developed area discusses pass " special maintenance capital manages YY square stipulations of an agreement " involve raise money and use a village to maintain the matters concerned such as capital, all have sanction to all owner. Show the accused not pay maintains capital, the agreement of stipulations of an agreement of reason accuser basis advocates pay head to the accused period maintain capital and do not have undeserved, this academy gives support. As to the fine for delaying payment that accuser holds, because of " special maintenance capital manages YY square stipulations of an agreement " in did not agree the pay time limit that maintains capital and pay of exceed the time limit will produce fine for delaying payment, because this view of this accuser lacks a basis, this academy does not grant to support. Basis " law of right of matter of People's Republic of China " the 75th, the 76th, the 78th regulation, the court decision is as follows:
One, XX of the accused Zhao should rise at adjudicating the day of become effective originally 15 pay accuser XX committee to maintain capital RMB in a few days 4, 194.56 yuan of;
2, the request of the others lawsuit that rejects accuser XX committee.
Fu Yi Wu is fulfilled during the party that has money to give Fu Yi Wu is like what did not appoint by the court decision, ought to according to " code of civil law of People's Republic of China " the 229th regulation, pay doubly to walk on the debt interest between date of departure tardily.
The case accepts cost RMB 50 yuan, halve collection plan 25 yuan, by burden of XX of the accused Zhao.
If refuse to obey,adjudicate originally, can be in since the day of judgment service inside 15 days, hand over petition for appeal to this academy, the number that presses a the opposing party offers copy, appeal at Shanghai court of the first intermediate people.
Acting judge Huang Dingfeng
Two years on September 21
Clerk Yang Rong