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(영문) 서울중앙지방법원 2020.02.05 2018나83217

관리비 청구의 소

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The reasoning for this part of the reasoning is as follows: (a) of the reasoning of the judgment of the court of first instance, the Plaintiff’s each “Plaintiff” in paragraphs (1), (2) and (3) of the table inserted into “k.” as “L”; (b) the Plaintiff’s each “l.” and “m.” are added as follows; and (c) the part of the recognized evidence is as indicated in Article 420 of the Civil Procedure Act, with the consent of at least half of the shop occupants of this case, and Article 12(2)2(a) of the former Distribution Industry Development Act (amended by Act No. 1497, Oct. 31, 2017) was accepted by reporting to the head of the Jung-gu Seoul Metropolitan Government (amended by Act No. 1497, Oct. 31, 2017).

After that, M established the Plaintiff, and the Plaintiff reported to the head of the Jung-gu Seoul Metropolitan Government Jung-gu Seoul Metropolitan Government on September 19, 2017 with the consent of 2/3 or more of 284 occupant occupants of the instant commercial building, and the report was accepted on September 19, 2017, and thereafter, the Plaintiff has been managing the instant commercial building until now.

(m) Furthermore, around September 2017, M prepares a “comprehensive business transfer and takeover contract” with the Plaintiff, stating that “a comprehensive transfer and takeover contract shall be made comprehensively to the Plaintiff as of September 19, 2017,” and “a comprehensive transfer and takeover of the business as a superstore manager of the instant commercial building,” and the Plaintiff was delegated by M with the authority of the Plaintiff to notify the transfer of the claim.

The Plaintiff notified the Defendant of the transfer of the instant claim through a preparatory document dated August 13, 2019.

(n) On November 7, 2017, D Redevelopment Association and L transfer the Plaintiff’s “management expenses and its late payment charges” to the Defendant from July 2009 to April 2017, and notify the Plaintiff of the transfer of the obligation on November 24, 2017, stating the fact of the transfer.