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(영문) 의정부지방법원 2015.09.04 2014나12080

관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. B, around January 1, 2008, newly constructed an aggregate building on the land outside C and three lots (hereinafter “the instant aggregate building”), and entered into an entrusted management agreement with the Plaintiff on January 15, 2008, stipulating that the term of the contract shall be from January 15, 2008 to January 14, 2010 (Provided, That the contract shall be deemed to have been maintained under the same terms of the contract, excluding the contract amount, unless B expresses his/her separate intent to renew the contract at least two months before the expiration of the contract term) as the owner of the instant aggregate building (hereinafter “instant entrusted management agreement”).

B. B, on February 25, 2008, after completing registration of preservation of ownership for the total 53 stores of sectionally owned buildings which constitute the instant aggregate building, completed registration of preservation of ownership for the total 53 stores of sectionally owned buildings, and continued the sale business from March 28 to October 10 of the same year, and completed registration of ownership transfer for the said company on the grounds of the sale contract, etc. as to the total 12 stores 106, 111, 13, 115, 118, 119, 119-1, 201, 202, 203, 303, and 305, and completed registration of ownership transfer for the remaining 41 stores on November 28, 2008.

C. From December 2010 to September 2013, the Defendant used the instant store as a lessee of the instant condominiums 112, 204 to 207 (hereinafter “instant store”).

On April 6, 2012, the Defendant entered into an agreement with the Plaintiff as follows (hereinafter “instant agreement”):

① As of April 6, 2012, the Plaintiff and the Defendant confirmed that the amount of unpaid management expenses owed by the Defendant to the Plaintiff is KRW 20,674,359.

(2) The defendant shall reimburse the unpaid management expenses in accordance with the repayment plan as stated below: