청구이의의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant concluded a management and management service agreement with the management body of the C Building, which is an aggregate building on land outside Bupyeong-gu, Bupyeong-gu, Incheon, and 12 lots of land (hereinafter “instant building”), and is a company managing the instant building.
B. On September 20, 201, the Plaintiff purchased Nos. 207 and 208 of the instant building (hereinafter “instant commercial building”) and acquired the ownership thereof. On August 29, 2012, the Plaintiff completed the provisional registration of the right to claim ownership transfer registration on the instant commercial building based on the pre-sale agreement on August 24, 2012 (hereinafter “the instant provisional registration”).
C. The Defendant filed an application with the Plaintiff for a payment order claiming payment of management expenses and late payment charges of KRW 12,421,941 against the Plaintiff from April 1, 2014 to November 30, 2014. On December 18, 2014, the said court issued a payment order ordering the payment of the above management expenses, etc. (hereinafter “instant payment order”), and the instant payment order was finalized on January 14, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) leased the instant commercial building to F on May 12, 201. On August 24, 2012, the Plaintiff concluded a sales contract with D and E on the instant commercial building and succeeded to D and E’s lessor status at the same time after completing the instant provisional registration. (2) After D and E exercised all rights as the owner of the instant commercial building, and the Defendant also consulted with D and E on all business activities.
3) However, since the Defendant neglected the obligation to collect management expenses from lessee, D, and E for a long time, the Defendant’s claim for management expenses against the Plaintiff is unreasonable. 5) Accordingly, the instant payment order ordering the Plaintiff to pay management expenses is unreasonable.
B. The management expenses of the instant commercial building, which is an aggregate building, are determined, barring special circumstances.