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(영문) 인천지방법원 2015.12.17 2015나13478

청구이의의 소

Text

1. The defendant intervenor's appeal is dismissed.

2. The total costs of the lawsuit shall be borne by the defendant.

Reasons

1. Basic facts

A. On or around December 20, 2002, the Plaintiff acquired the ownership of Ctel 428 and 429 (hereinafter “each of the instant buildings”). Around March 15, 2005, the Defendant Intervenor entered into a management service contract for the affairs such as the construction of a Ctel and the imposition and collection of management fees for the said building from D, a seller of the instant buildings, and imposed and collected management fees from the owners of the instant officetels until March 14, 2008, which was before the termination of the said contract from that time until March 14, 2008.

B. Around July 17, 2009, the defendant takeover intervenor filed an application for payment order against the plaintiff stating that "the plaintiff does not pay management expenses from September 2007 to 428, and from November 2007 to the date of application for payment order with respect to 429, the plaintiff did not pay management expenses from November 2007 to the date of payment order." On July 29, 2009, "the plaintiff shall pay to the defendant takeover intervenor 2,861,016 won and the annual payment order with 25% interest per annum from the day of delivery to the day of full payment (No. 209Da1051051)" and 429 with respect to "the plaintiff shall not be paid to the defendant takeover intervenor 2,59,359, and the payment order with respect to the above 429% interest per annum 25% interest per annum from the next day to the day of full payment (No. 2009, Feb. 19, 2009).

Article 21 (Management Expenses)

1. Management expenses shall be the amount of an ordinary allowance for sale in lots as prescribed by the representative committee, and the burden of the user and the principle of fairness shall be followed, and the delinquent management expenses may be exercised against a person who succeeds to the status of occupant regardless of the original acquisition or acquisition by succession;

3. If the amount of arrears already incurred in replacing the owner or possessor has been replaced, the person scheduled to withdraw.