관리비
All appeals by the defendants are dismissed.
The costs of appeal shall be borne by the Defendants.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the first instance is as follows, except for the addition of the following '2. Additional Judgment' to the assertion that the Defendants stressed or added in the trial of the court of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion and J concluded a contract for a third party with the content of exempting the Defendants from the payment obligations, such as general management expenses for the Plaintiff. As such, the Defendants did not have any obligation to perform the said obligation. As such, the Defendants did not have any obligation to perform the said obligation.
B. The content of the confirmation of facts, etc. is to confirm that “the J has paid the Plaintiff KRW 23,073,110,00 for the official management fees in arrears as of April 19, 2019 for which the Plaintiff purchased the instant store.” As to whether the Defendants were exempted from the general management expenses in arrears at the time of the preparation of the said document, no content is written. Thus, the relevant document cannot be deemed as a disposition document with the content of exempting the Defendants from the obligations related to the general management expenses.
In addition, the purpose of preparing a factual confirmation, etc. is to clarify the scope of the succeeded obligation and the fact of the completion of the performance of the obligation between the Plaintiff and the J, which succeeded to the obligation of the Defendants for the payment of delinquent management expenses pursuant to Article 18 of the Act on the Ownership and Management of Aggregate Buildings and the Management and Operational Rules of the Building of this case. In addition, there is no evidence to deem that the Plaintiff or the J, together with the settlement of public management expenses for the store of this case and the exemption of the Defendants from the obligations such as general management expenses.
In light of the contents, details, and purpose of the aforementioned fact-finding certificate, etc., the evidence submitted by the Defendants alone is exempt from the payment obligations, such as general management expenses of the Defendants regarding the instant store.