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(영문) 서울중앙지방법원 2019.05.16 2018가단5092338

관리비

Text

1. The Defendant’s KRW 41,614,680 as well as the Plaintiff’s annual rate from May 29, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a management body organized pursuant to the Act on the Ownership and Management of Aggregate Buildings with respect to E, which is the Seoul Gangnam-gu and D ground condominiums (hereinafter “instant condominiums”), and the Defendant acquired the divided ownership of the instant condominiums on December 13, 2013, with a motor vehicle trading place, etc. attached to the Fdong Underground G (hereinafter “S”) among the instant condominiums, H, I (Merger Nos. H and I was merged with G on September 10, 2013), J, K, L, M, N,O, P (O, September 10, 2013), and the Defendant acquired the divided ownership of the instant aggregate buildings from S Co., Ltd. (hereinafter “S”) on December 13, 2013.

(hereinafter referred to as "each of the above rooms of this case" b).

On the other hand, from around 2005 to 2009, disputes continue to arise as to who is a legitimate manager of the plaintiff, and the management body of the aggregate building of this case is divided into the plaintiff and the T management body (hereinafter "T management body").

C. On February 10, 2012, the Plaintiff filed a lawsuit (Seoul Central District Court 201Gahap10704) seeking the payment of unpaid management expenses (management expenses imposed from November 2006 to December 2010) of 44 units of the instant condominiums among the instant condominiums against S, and sentenced S to the judgment that “S shall pay the Plaintiff KRW 560,216,990 and damages for delay.” While S appealed (Seoul High Court 2012Na26147) filed an appeal, the appeal was dismissed on August 30, 2012, and became final and conclusive as it was.

(hereinafter, referring to the above decisions, hereinafter referred to as “pre-trial judgment”). D.

With respect to each subparagraph of this case, the management expenses (including deferred fees) of KRW 119,336,620 in total was unpaid as follows.

The unpaid management expenses incurred during the period of the family room Nos. 1 Fdong underground G-12.12. to December 2, 2012. to September 12, 2017. to September 12, 2017, H-2, 2012 to December 2, 2013 to 3,552,750 won, F-I, 3, 2012 to 3, 2012 to 12.