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(영문) 수원지방법원안산지원 2017.10.13 2016가단22233

추심금

Text

1. The defendant shall pay to the plaintiff KRW 36,561,730 and KRW 29,364,250 among them, from October 14, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant uses multiple sections for exclusive use with the first floor, the first floor, and the second floor underground in the building of Ansan-si (hereinafter “instant building”).

B. According to the management rules on the instant building, the user of the section for exclusive use of the building has to pay every month the management expenses required for the maintenance and management of the building.

C. As to the portion of exclusive ownership of the instant building used by the Defendant, KRW 114,856,085 was imposed on the management fee and late payment charge of KRW 5,72,520 by April 1, 2016.

A management body of the instant building is established as a management body of the C management body (hereinafter “non-party management body”). The Plaintiff, based on an executory payment order certified by the Suwon District Court Branch Branch 2013 tea559 (hereinafter “Non-party management body”) against the non-party management body, obtained a collection order for claims against the Defendant of the non-party management body on March 29, 2016, based on the original of the executory payment order issued by the Suwon District Court Branch 2013 tea559 (hereinafter “the instant order of seizure and collection”). The original of the decision was finalized on April 1, 2016 (hereinafter “the instant order of dismissal”) by the Defendant’s immediate appeal against the Defendant on April 26, 2016 (hereinafter “the instant order of dismissal”). However, the decision of dismissal became final and conclusive on June 16, 2016 (hereinafter “the instant order of dismissal”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant’s obligation for management expenses incurred to Nonparty management body at the time of service of the original copy of the seizure and collection order of this case (the immediately effective delivery under Articles 229(4) and 227(3) of the Civil Execution Act takes place, and no immediate appeal is affected under Article 15(6) of the Civil Execution Act) on April 1, 2016 when the Defendant served the original copy of the seizure and collection order of this case.