양수금
1. Revocation of a judgment of the first instance;
The Defendant’s KRW 1,851,490 and KRW 1,542,90 among the Plaintiff’s KRW 1,542,90 on February 7, 2015.
1. Facts of recognition;
A. Nonparty B entered into a contract for the supply of an apartment unit (hereinafter “instant apartment unit sale contract”) that purchased an apartment unit (hereinafter “instant apartment unit sale contract”) from the same land (hereinafter “the same land”) from the same land (hereinafter “the same land”). On October 4, 2010, the Defendant acquired the status of the buyer of the apartment unit from the above apartment unit B.
B. The sales contract in this case requires the buyer to bear management expenses regardless of whether the apartment house in this case is located from the day after the expiration date of the occupancy period designated by the same soil, and the same soil building completed the apartment house in this case and then designated the occupancy designation period from October 4, 2010 to December 3, 2010 to send a written guidance of occupancy.
C. The Defendant did not follow the occupancy procedure, such as completing the registration of ownership transfer on the instant apartment after the expiration of the designation date for occupancy, and did not pay the management expenses (from December 4, 2010 to December 201) for the instant apartment to be paid for the same soil, including the management expenses (from December 4, 2010 to December 4, 2011, the day following the expiration date of the designation for occupancy) 1,542,900 and the late payment charges of KRW 308,951,490.
On April 15, 2014, the same case transferred to the Plaintiff the management expenses claim amounting to KRW 1,851,490 against his/her Defendant, and notified the Defendant of the fact of the assignment of the claim by content-certified mail on May 2, 2014.
[Ground of recognition] The items of evidence Nos. 1 through 3, and Nos. 8 through 10 and the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff as the assignee of management expenses the above amount of KRW 1,851,490 and 1,542,90 among them at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 7, 2015 to the day of full payment, as requested by the plaintiff.
If so, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with the conclusion different.