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(영문) 인천지방법원 2014.04.28 2012가단81868

관리비

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 60,827,090 and its amount from February 5, 2014 to April 28, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is an organization comprised of the owners of the division of A commercial buildings located in Incheon Strengthening Group D (hereinafter “instant commercial buildings”) and the successors to the right to use the commercial buildings.

Defendant B is a sectional owner who acquired the ownership of the instant commercial building No. 301 (hereinafter referred to as “301”) on April 11, 2002, and Defendant C, who leased No. 301 and operated the Holdings from October 21, 201 to December 201, 201, recognized the lessee’s liability for the payment of management expenses as a lessee in the reply.

(b).

The plaintiff has received management expenses for the maintenance, management and repair of commercial buildings from members in accordance with the management rules enacted with the consent of the members.

C. From September 201 to December 2, 2011, the Defendants did not pay KRW 9,797,616 as management expenses and late payment fees. Defendant B did not pay management expenses and late payment fees from April 201 to December 2013, and the total amount of unpaid management expenses and late payment fees is KRW 60,827,090.

Meanwhile, Defendant B paid all the management expenses from January 2012 to March 2012.

D. On November 2010, the Plaintiff completed the repair work on part of the rooftop of the instant commercial building, and completed the repair work on October 201, 2012, which was in the process of the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6, 9, 10, 11, 18, 20 items of evidence (including virtual numbers), the purport of the whole pleadings

2. Defendant B asserts that the instant lawsuit was an unlawful lawsuit filed by a person who has no power of representation, as the instant lawsuit was filed by E, who is not the owner of the instant commercial building, as the Plaintiff’s representative.

Then, even if Defendant B’s assertion is acknowledged that E is not the owner of the commercial building of this case, the Plaintiff shall hold an extraordinary general meeting on September 25, 2012, immediately after the filing of the instant lawsuit.