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(영문) 울산지방법원 2016.01.21 2014가합5100

구상금

Text

1. The plaintiff's claims against the defendant (appointed parties) and the designated parties are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The Plaintiff and the Defendants are each sectional owners of the instant officetel E in Yangsan-si (hereinafter “instant officetel”).

The household owned by the Defendants and the date of acquisition of ownership shall be in annexed Form.

1. The same as the entry in the ownership, protection room, and date of acquisition by each defendant;

() [In the absence of dispute over the grounds for recognition, Gap evidence 1-1 through 4, Gap evidence 2-1, 2, 3, Gap evidence 3-1 through 8, Gap evidence 4-1 through 6, Gap evidence 5-1 through 5, Gap evidence 6-1 through 5, Gap evidence 7-1, 2, 8, Gap evidence 9-1, 2, 3, Gap evidence 10 through 13, Gap evidence 14-1, 2, 15 through 19, Gap evidence 20-1, 21, Gap evidence 221, Gap evidence 22-1, 223-1, Gap evidence 24-1, 24-24, Gap evidence 27, Gap evidence 25-27, Gap evidence 27, Gap evidence 27-27, Gap evidence 27, Gap evidence 20-1, 20-1, 23-2, Gap evidence 24-27, Gap evidence 26

2. Judgment on the plaintiff's assertion

A. The gist of the allegation was that the association or the management body was not established with the sectional owners of officetels on the wind that ownership is transferred through the auction procedure, not through normal sale, due to the bankruptcy of Jin-young Co., Ltd., the owner of the building after completion of the construction.

Accordingly, the Plaintiff paid various public charges, such as electricity charges for the entire officetel from April 2012 to the date of the instant lawsuit.

These public charges amounting to KRW 296,375,660 (i.e., KRW 112,379,650 for electrical safety inspection and repair expenses of KRW 10,296,810 for electrical safety inspection and repair expenses of KRW 14,64,60 for the Association’s expenses for safety inspection and repair of mechanical parking lots of KRW 18,827,600 for the safety inspection and repair expenses of KRW 9,227,60 for the installation and repair of mechanical parking lots of KRW 18,827,60 for the installation and repair expenses of KRW 9,227,600 for the installation and repair of septic tanks of KRW 21,00 for the installation and repair expenses of KRW 5,000 for the cost of cleaning KRW 75,000 for the cost of KRW 75,000 for the sewerage charges of KRW 0,000 for the above amount, the Defendants pursuant to Articles 739 and 741 of the Civil Act.