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(영문) 서울동부지방법원 2016.08.11 2014가합14472

채무부존재확인 및 손해배상

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1. The Plaintiff (Counterclaim Defendant) paid KRW 87,777,862 to the Defendant (Counterclaim Plaintiff) and its related amount from April 3, 2015 to September 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On April 20, 2012, the Plaintiff: (a) completed the registration of ownership transfer on the grounds of the sale by voluntary auction on April 20, 2012; (b) the Plaintiff completed the registration of ownership transfer on the head of Gangdong-gu Seoul Metropolitan Government D Underground Two Underground Floors 1 and 2 (hereinafter “each of the instant commercial buildings”); and (c) the Defendant, including each of the instant commercial buildings, performed all management affairs, including the collection of management fees of the Seoul Gangdong-gu Seoul Metropolitan Government D Building C

B. Among the management rules of the building of this case, the main contents related to the management expenses are as follows.

Article 12 (Rights, Duties and Succession of Occupants, etc.)

1. The management entity may exercise claims, such as management expenses, user fees, repair reserve, etc. against any person who has succeeded to the status of occupant;

2. The management expenses, etc. in arrears shall be borne by a person who succeeds to the status of an occupant (including a successor due to exchange and auction);

Article 41 (Payment Deadline for Management Expenses, etc.)

1. The payment deadline for management expenses shall terminate on the fifth day of the following month from the last day of each month; and

Article 42 (Arrears of Management Expenses, etc.)

2. When management expenses are in arrears for three months, measures, such as power supply, suspension of water supply, etc. may be taken against electricity or water supply.

C. On May 2012, the Defendant: (a) accepted the Plaintiff’s demand by E to trade each of the instant shopping districts on behalf of the Plaintiff; and (b) decided to the effect that “The management expenses not paid by the former owner F shall be determined as KRW 35 million.”

Accordingly, on June 15, 2012, the Plaintiff prepared and issued a letter to the Defendant that “The Defendant will pay in installments the amount of KRW 35 million payable for each of the instant commercial buildings for seven months from June 30, 2012.”

After purchasing each of the instant commercial buildings, the Plaintiff did not pay the management expenses for May 201 and June, 2012, and did not pay the payment in installments under each of the said agreements to the Defendant.

E. On July 12, 2012, the Defendant paid the Plaintiff management fees in arrears by August 5, 2012.