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(영문) 수원지방법원 안산지원 2018.01.10 2017가단6832

채무부존재확인

Text

1. Parking fees from April 20, 2017 to November 17, 2017 against the Defendant (Counterclaim Plaintiff) by the Plaintiff (Counterclaim Defendant)

Reasons

1. 사실관계 [인정근거] 갑 1∽17호증(가지번호 포함), 을 1, 2호증의 각 기재, 변론 전체의 취지 원고는 2014. 5.경 피고로부터 안산시 단원구 C빌딩 중 515, 516호를 임차하였으나(관리비예치금 500만 원, 관리비 월 75만 원 지급 약정) 위 관리비 지급약정에 따른 관리비지급청구의 소가 이 법원 2017가소4595호로 제기되었다. ,

The above lease contract was terminated on the grounds of delinquency in management expenses, and the above lease was delivered to the defendant.

The Plaintiff: (a) leased 507 units of the above C building from the sectional owner D and possessed it from March 4, 2017 to the present date; (b) on February 27, 2017, the Plaintiff agreed to the effect that D would confirm the contents that it leased between the Defendant and the Plaintiff, notify the Defendant to D when the management expenses are overdue, and that D would be responsible for the overdue management expenses to the reasonable extent.

D and the representative of the above C building owner and the defendant's representative are in progress such as management, abandonment, and confirmation of existence (this court 2017 Gohap111).

The Defendant, on the ground that the Plaintiff’s vehicle is an unregistered vehicle, notified the Plaintiff to pay the parking fee of KRW 2,90,000 per day from April 20, 2017 to November 17, 2017, in total, KRW 2,90,000 (hereinafter “instant parking fee”).

2. Claim and summary of judgment: With respect to the Plaintiff’s assertion that the Defendant, without any ground, had claimed that the Defendant imposed the instant parking expenses, and sought confirmation of the existence of the obligation of the instant parking expenses, the Defendant may use the instant payment notice for parking expenses after obtaining approval from the Defendant for KRW 10,000 per month after the management contract, and the lessee shall pay the additional parking expenses for KRW 50,000 per month after obtaining approval from the Council. At least twice a month, the lessee may not use the parking lot until the full payment of the management expenses is made. Unauthorized vehicles shall pay parking expenses for KRW 100 per day.