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(영문) 서울남부지방법원 2016.03.25 2015나7164

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,860,670 and KRW 1,550,560 among them.

Reasons

Basic Facts

A. On September 8, 2009, Defendant B entered into an apartment supply contract with the same land (hereinafter “the same land”) that purchased the same land (hereinafter “the instant apartment household”) with the same land (hereinafter “the same land”) that is an enforcement and Si construction company, and Defendant B acquired part of the purchase right from Defendant B on September 8, 2009.

As a result, the Defendants came to have the status of a joint buyer.

B. The same soil was designated from October 4, 2010 to December 3 of the same year by the Defendants’ occupancy period. The Defendants did not move in without completing the registration of ownership transfer with respect to the apartment household of this case within the said period.

C. The unpaid management expenses for the instant apartment household (hereinafter “instant unpaid management expenses”) from the date following the expiration date of the occupancy in question until December 201, 201, were paid KRW 1,550,560, and the said amount plus damages for delay until December 31, 2013, became KRW 1,860,670.

A Coco Asset Trust Co., Ltd. (hereinafter “instant trust company”) concluded a real estate collateral trust contract with the same land for the instant apartment household units, and completed the registration of ownership transfer based on the trust under the Suwon District Court, Suwon District Court’s registration office (172142) on December 3, 2010.

Article 16 of the above real estate security trust contract provides that taxes, public charges, and maintenance expenses shall be borne by the truster.

[Based on recognition] Article 43 (Management Body, etc.) (1) of the former Housing Act (amended by Act No. 9405, Feb. 3, 2009; Act No. 12115, Dec. 24, 2013; Act No. 11835, Dec. 24, 2013; Act No. 1885, Feb. 24, 2013; Act No. 11854, Feb. 3, 2013; Act No. 11954, Feb. 3, 2011; Act No. 11954, Jan. 2