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(영문) 수원지방법원 안산지원 2017.01.11 2016가단9438

청구이의

Text

1. Based on the final decision of performance recommendation rendered by the Defendant, the Suwon District Court rendered a final decision of performance recommendation for the Suwon District Court case 2015 Ghana39757.

Reasons

Facts of recognition

On October 2, 2015, the Plaintiff succeeded to and acquired real estate listed in the separate sheet (hereinafter “instant real estate”) from C on October 2, 2015, and the Defendant is an organization organized pursuant to the Act on Ownership and Management of Condominium Buildings with respect to an aggregate building including the instant real estate, and is concurrently holding the status of the council of occupants’ representatives of the relevant building

(hereinafter referred to as “Defendant” without further distinction). The management expenses between the Defendant and C regarding the instant real estate shall be calculated as KRW 4,00,000 and the management expenses shall be calculated as KRW 4,00,000 until December 5, 2012, which C shall pay to the Defendant in the lawsuit for damages claim, including the management expenses to be paid to the Defendant by the Suwon District Court 2012, the Suwon District Court 201 (the principal lawsuit) management expenses, and the expenses shall be paid by C from January 5, 2013 to the same year.

8. By the fifth day of each month, 500,000 won shall be paid each month, but at the time of delay, the adjustment was concluded on December 5, 2012, including the loss of the benefit of time and the addition of the interest of 20% per annum on unpaid amount.

The Plaintiff’s attached D paid the management expenses of KRW 2,00,000 on January 4, 2013, KRW 500,000 on February 5, 2013, KRW 500,000 on March 5, 2013, KRW 500,00 on March 5, 2013, and KRW 2,000,000 on March 20, 2013, but did not pay the management expenses thereafter.

On August 13, 2015, the Defendant filed an application for provisional attachment of the instant real estate under this Court 2015Kadan2618, based on the management expense claim (i.e., calculation without reflecting the result of the aforementioned conciliation) of KRW 5,809,985 from August 10, 2015 to August 10, 2015, and the registration was completed upon receipt of the decision of acceptance on September 7, 2015.

Meanwhile, the Plaintiff purchased the instant real estate from C on September 7, 2015 and completed the registration of ownership transfer on October 2 of the same year.

On October 12, 2015, the Defendant filed a lawsuit against Suwon District Court for the claim of KRW 11,961,929, the aggregate of management expenses from November 2007 to August 2015, 2015, against Suwon District Court rendered an order to pay damages for delay calculated at the rate of KRW 11,961,929 and 15% per annum from the day the copy of the complaint was served to the day of full payment.