beta
(영문) 대구지방법원 2015.06.09 2013가단27944

관리비등

Text

1. The Defendant’s KRW 41,907,594 and KRW 22,220,480 among the Plaintiff and the Plaintiff’s KRW 5% per annum from September 19, 2014 to June 9, 2015.

Reasons

1. Basic facts

A. On April 14, 2010, Nonparty C and D purchased 501 to 43,883,000 won (the appraised value of the discretionary auction procedure is 460 million won) among the real estate listed in attached Table 1 (hereinafter “instant commercial building”) in which the roof of the building was destroyed by fire during the voluntary auction procedure, and registered the ownership transfer in its joint name on May 17, 2010.

C and D obtained permission from the competent authority for substantial repair of the instant real estate in order to repair it, and on August 12, 2010, contracted the repair work of roof destroyed by fire to E, and around December 2010, the Dong Forest Comprehensive Construction Corporation contracted the floor construction work of the instant real estate to E and had E perform it.

In addition, around January 201, C and D agreed on the construction price of the interior of the instant commercial building at KRW 130 million among the instant commercial buildings, and the Defendant completed most of the said construction works.

B. In addition, C and D paid only KRW 30 million out of the above construction price to the Defendant, and could not pay the remainder KRW 100 million, on March 31, 201, sold the instant real estate to the Defendant on March 31, 201 for the settlement thereof.

(A) The Defendant purchased 501 commercial buildings of this case, and completed the registration of ownership transfer on April 1, 201, and owns it, but all remaining parts of the fifth floor are occupied and used as follows.

C. The Plaintiff is an organization composed of shop occupants of the instant shopping mall, and is concurrently in the nature of the management body of the instant shopping mall.

On August 18, 2010, the above C, D, and the Plaintiff drafted a written agreement with each of the following contents.

1. Management expenses amount: 25,00,000 won, item 18,500,000 won for management expenses, and 6,500,000 won for the commercial building development fund;

2. Date of payment: Not more than 5,000,000 won in advance, until August 20, 2010, and not more than 20,000,000 won in advance (before September 30, 2010) and not more than 3.

E. On April 7, 2011, the Plaintiff and the Defendant drafted a written agreement with the following content.

1. Management expenses: Unpaid management expenses after the occupancy;