beta
(영문) 서울중앙지방법원 2015.04.30 2014가단122205

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of the lawsuit, the Intervenors are involved in the cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner of Seocho-gu Seoul Metropolitan E D Building (hereinafter “instant building”) No. 121 (B121) underground floor, and the Defendant asserted that the management body was correct in relation to the Defendant’s name in accordance with the Act on the Ownership and Management of Aggregate Buildings, but even if the management body was the D management body’s representative meeting, its legal nature does not differ from that of the management body under the above Act, and as long as the Defendant registered and used as the above name, it should be followed.

is:

B. From October 2012 to February 2014, the Plaintiff paid only a portion of the management expenses that the Defendant notified to the Defendant, and the Defendant notified the Plaintiff of the payment of KRW 859,710, including the accumulated amount in arrears, on March 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), Eul evidence No. 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff of the main place of the building of this case committed unlawful acts such as imposing excessive management expenses on the above B121 when the defendant imposed management expenses on the apartment among the buildings of this case based on the sale area, and imposing excessive management expenses on the commercial buildings of this case.

Although the Defendant notified the payment of management expenses based on the size of 47.55 square meters in the contract area to B1 during the above period, the Plaintiff is liable to pay only the management expenses based on the size of 35.30 square meters in the sale area. This part was fully paid during the pertinent period.

Therefore, it argues that only 63,930 won out of the notification amount of management expenses on the date above is justifiable, and the remaining 785,780 won (859,710 won-63,930 won) is unfair, and that there is no obligation to pay management expenses.

In this regard, the defendant can be seen to have calculated the monthly payment amount (the monthly payment amount - the co-electric power fee for the underground 1st floor) 】 the area of sales household ± the area of the contract for the household).