양수금
1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim and the trial amounting to the revoked part shall be revoked.
1. Facts of recognition;
A. The Defendant is a sectional owner of the F06th 129th 129 of real estate listed in the attached list, which is an aggregate building (hereinafter “instant shopping mall”).
B. On February 21, 2009, the Plaintiff’s succeeding intervenor is a management body under the Act on the Management and Ownership of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) established by a management body meeting composed of all sectional owners of the shopping mall of this case. The Plaintiff is a management service provider for the shopping mall of this case.
C. On March 16, 2009, the Plaintiff’s successor intervenor, who is the shopping mall management body of this case, established C (hereinafter “stock company management body”) for the purpose of managing and operating the shopping mall of this case. The “stock company management body” applied for the registration of superstore opening in accordance with the Distribution Industry Development Act. Accordingly, on April 22, 201, the Seoul Special Metropolitan City Mayor issued the registration certificate of superstore opening to the “stock company management body.”
After all, the "stock company management body" is entrusted with the management affairs by the plaintiff succeeding intervenors as the qualification of the superstore manager, and deals with the affairs such as imposing and collecting management expenses and claiming management expenses for the sectional owners.
The Defendant unpaid management expenses and late payment fees of KRW 8,059,740 in total from March 2010 to December 2013 (i.e., management expenses of KRW 5,590,000, late payment fees of KRW 2,469,740, and hereinafter “management expenses of this case” or “management expenses claim of this case”) as the context requires.
E. Around May 31, 2014, the Plaintiff’s succeeding intervenor transferred the instant management expense claim to the Plaintiff. On February 23, 2016, the Plaintiff transferred the instant management expense claim to the Plaintiff’s succeeding Intervenor, and notified the Defendant of the transfer of the instant management expense claim on March 8, 2016.
[Ground of recognition] Whether there is no dispute between the parties or is clearly disputed.