채무부존재 및 손해배상 청구
Of the Defendant-Counterclaim Plaintiff’s counterclaim, the part of the claim amounting to KRW 28,939,440 shall be dismissed.
Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff is the owner of the branch office C of Seocho-gu Seoul Metropolitan Government Building B, an aggregate building, and the defendant is the management body of the above building.
B. Since the completion of registration of ownership preservation on April 25, 2006, the instant store had been transferred in sequence to E on August 3, 2007, when the ownership was transferred to E on December 12, 2013, and the management fee has been overdue from September 2007.
C. Article 13(3) of the above Building Management Rules (hereinafter “the Management Rules”) provides that the delinquent management fees, etc. shall be paid by the occupant and the person who succeeded to the status of the owner (including the special successor). D.
On February 24, 2015, the defendant filed a lawsuit for management expenses against E.
(Seoul Central District Court 2015Da33289, hereinafter “Prior Litigation”). On October 7, 2015, the said court rendered a ruling that “E shall pay to the Plaintiff KRW 31,832,209 and KRW 24,140,355 among the Plaintiff, KRW 31,832,209, and KRW 24,140,355, the amount of KRW 6% per annum from July 1, 2015 to September 17, 2015, and KRW 20% per annum from the following day to the date of full payment.”
The above judgment became final and conclusive on October 27, 2015.
E. The amount cited in the judgment of the preceding lawsuit is KRW 31,832,209, ① the management fee for the section for common use succeeded by E among the unpaid management fee of D, and the management fee for the section for exclusive use is “exclusive management fee”.
24,140,355 won (from September 2007 to November 201, 2013; hereinafter referred to as "first management expense") and ② the sum of unpaid management expenses in E and 7,691,854 won (from December 2013 to June 6, 2015; hereinafter referred to as "second management expense").
The secondary management expenses are all the sum of exclusive management expenses, public management expenses, and late payment charges, and detailed details are as shown in the corresponding column of the attached Table.
(A) Nos. 2 and 3. F. The Plaintiff received the award of the instant store in the real estate rental auction procedure (Seoul Central District Court F) on or around January 2017, and divided the management fee unpaid to the Defendant on March 10, 2017.