채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The pertinent Plaintiff between the parties is the sectional owners and occupants of Seocho-gu Seoul Metropolitan Government Btel (hereinafter “the instant officetel”) Nos. 502 and A102, and the Defendant is the non-corporate body, the managing body of the instant officetel.
B. Details of the Defendant’s imposition of the cost of maintaining parking lots against the Plaintiff (1) imposed the Plaintiff the instant officetel’s management expenses each month, and the Defendant imposed the amount of money for the items of maintaining parking lots among the details thereof. On November 2014, around 2014, KRW 153,740 (including KRW 30,000 for maintaining parking lots) was imposed on the Plaintiff as management expenses for the instant officetel B-2, 502-10th of October 2014.
(2) Meanwhile, the Plaintiff paid to the Defendant only the remainder of the management expenses excluding the amount under the name of the parking lot repair and maintenance expenses among the management expenses imposed up to September 2014. As of October 2014, the sum of the instant officetels B 502, which was not paid by the Plaintiff as of the end of the relevant year, is KRW 1,646,070, and the unpaid arrears calculated at the overdue rate set by the Defendant for the unpaid amount are KRW 237,860.
C. (1) On October 2011, the Plaintiff filed a lawsuit against the Defendant regarding parking fees or parking lot repair and maintenance expenses imposed under Section A (1) of the instant Officetel A (hereinafter “Officetel A”) on the following grounds: (a) around May 2009; (b) around December 201, 201; and (c) around March 201 to May 201, 201; and (d) the Plaintiff filed a lawsuit seeking a return of unjust enrichment (including a claim for return of unjust enrichment on management expenses under other names); (c) on June 28, 2012, the said court dismissed the Plaintiff’s claim against the Defendant to the effect that each of the above parking fees was not unfairly collected; and (d) on June 28, 2012, the said case became final and conclusive via the aforementioned judgment of the lower court.
(2) Parking fees imposed on B/Dong 502 of the instant officetel.