양수금
1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. Facts of recognition;
A. The Defendant is a sectional owner of the seventh floor 378 of the real estate listed in the attached list, which is an aggregate building (hereinafter “instant shopping mall”).
B. On February 21, 2009, the Plaintiff’s succeeding intervenor is a management body under the Act on the Management and Ownership of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) established by a management body meeting composed of all sectional owners of the shopping mall of this case. The Plaintiff is a management service provider for the shopping mall of this case.
C. On March 16, 2009, the Plaintiff’s successor intervenor, who is the shopping mall management body of this case, established D Co., Ltd. (hereinafter “Co., Ltd.”) for the purpose of managing and operating the shopping mall of this case. The management body of the Co., Ltd. applied for the registration of the establishment of the shopping mall of this case pursuant to the Distribution Industry Development Act. Accordingly, on April 22, 201, the head of the Seoul Metropolitan Government issued the registration certificate of the establishment of the superstore to the management body of the Co., Ltd.
After all, the management body of the corporation is entrusted with the management affairs of the plaintiff succeeding intervenor as the qualification of the superstore manager and deals with the affairs such as imposing and collecting management expenses and claiming management expenses for the delinquent management expenses for the sectional owners.
With respect to the instant sectioned stores, from November 201 to December 201, 2013, the Defendant unpaid management expenses and arrears of KRW 2,046,930 (i.e., management expenses of KRW 1,59,410 in arrears of KRW 447,520 in arrears, and hereinafter “management expenses of this case” or “management expenses claim of this case”) as the context requires.
E. Around May 31, 2014, the Plaintiff’s succeeding intervenor transferred the instant management expenses claim to the Plaintiff. On February 23, 2016, the Plaintiff transferred the instant management expenses claim to the Intervenor succeeding to the Plaintiff and notified the Defendant of the transfer of the instant management expenses claim on March 25, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 3, 6 evidence, Eul evidence 3-1, 30 evidence.