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(영문) 서울동부지방법원 2017.06.16 2016나23894

손해배상 등

Text

1. Of the judgment of the court of first instance, KRW 2,700,000 against the Plaintiff and its related thereto are from March 25, 2016 to June 16, 2017.

Reasons

C. The lower court, on April 1, 2013, concluded a contract and delivered the instant real estate to the lessee, but was notified by the Defendant that the Defendant would take measures, such as cutting-down of the instant real estate, without paying the overdue management fee.

C. On April 1, 2013, the Plaintiff prepared a written confirmation with the Defendant (hereinafter “instant confirmation”) as follows, and remitted KRW 2,700,000 as a deposit deposit to the account indicated at the lower end (hereinafter “instant deposit”).

At the time of the confirmation of this case, the stamp image of the defendant joint representative D is affixed to the confirmation of this case.

The plaintiff shall trust KRW 2,700,000 to the following account as a deposit fee to verify the details of management expenses in relation to the unpaid management expenses of the real estate in this case.

The defendant shall cooperate in the normal occupation of the lessee.

The plaintiff shall complete consultation with the defendant for a period of four months with respect to unpaid management expenses and public charges and shall pay them faithfully.

* National Bank 535901-01-135020

D. The Defendant filed a lawsuit against the Plaintiff on the ground that the Plaintiff succeeded to the overdue management expenses for the section for common use incurred prior to acquiring the ownership of the instant real estate and the management expenses and late payment charges for the section for exclusive use, and that the Plaintiff failed to pay public charges, such as electric charges, after acquiring the ownership.

On December 31, 2015, the defendant was sentenced to dismissal judgment from the above court, and the above judgment became final and conclusive around that time.

(hereinafter referred to as “instant judgment”). [Ground of recognition] A without dispute, entry of evidence Nos. 1, 2, and 11, and the purport of the entire pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) It is apparent that the Plaintiff has no obligation to pay management fees in arrears due to the final and conclusive judgment related to the instant claim for refund of the amount of custody.

The defendant is liable to pay the management expenses in arrears.