채무부존재확인
1. Of the instant lawsuit, the lower court’s judgment against the Plaintiff became final and conclusive as a judgment against the Defendant of the Chuncheon District Court No. 2013Gau7533.
1. Basic facts
A. The defendant is a management body established by consisting of the sectional owners of the C building to which the building listed in the separate sheet belongs (hereinafter referred to as “instant commercial building”).
B. The Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on December 29, 2009 with respect to the building listed in paragraphs 1 through 6 in the separate sheet among the instant commercial buildings, and completed the registration of ownership transfer under the Plaintiff’s name on March 22, 2010 with respect to the whole building listed in paragraph 7 of the separate sheet, and completed the registration of ownership transfer under the Plaintiff’s name on October 7, 2015 with respect to the 1/100 shares among them on the ground of sale by voluntary auction on March 22, 2010.
C. From August 30, 2012 to February 2013, the Defendant filed a lawsuit against the Plaintiff seeking payment of the unpaid amount of KRW 15,428,170 among the management expenses imposed on the Plaintiff (hereinafter “instant prior suit”) from around August 30, 2013, and the court of first instance rendered a judgment accepting the Defendant’s claim in full around October 25, 2013 (No. 2013Gau7533, hereinafter “the judgment prior suit of Chuncheon District Court”), and the Plaintiff appealed, but the appellate court concluded the pleadings on March 13, 2015, and the same year.
5. 8. A judgment dismissing an appeal was rendered (Sacheon District Court 2013Na6234), and the final appeal was dismissed (Supreme Court 2015Da32318). On August 24, 2015, the judgment prior to the instant lawsuit became final and conclusive as it is, around August 24, 2015.
D, according to the agreement with the Plaintiff, leased the instant commercial building, paid to the Defendant the management fee of KRW 16 million imposed on the instant commercial building between October 2014 and March 2016.
(D) The management expenses of KRW 16 million paid by D (hereinafter referred to as "the payment in this case"). E.
The plaintiff on March 15, 2017 and the same year
4.17.17. The same year.
5. On 15.15. Each one million won was paid to the Defendant, and according to an agreement between the Plaintiff and the Defendant, the management expenses and late payment charges for August 2012, among the management expenses imposed on the instant commercial building.