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(영문) 서울남부지방법원 2019.08.22 2018가단222970

관리비

Text

1. The Plaintiff:

A. Defendant C: (a) KRW 5,382,420 for Defendant C; and KRW 3,335,110 for Defendant E; and each of them, from September 30, 2018 to May 30, 2019.

Reasons

1. Basic facts

A. The Plaintiff is the managing body of the above apartment that is composed of the representatives of occupants of the Seoul Yangcheon-gu Seoul Metropolitan Government F apartment (hereinafter “the apartment of this case”). The Defendants owned or used any of the following apartment of this case.

B. Defendant B completed the registration of ownership transfer for the instant apartment G on December 12, 2017 due to the sales contract on September 4, 2006, and occupied and used the said G from that time.

C. Defendant C may purchase the instant apartment I from H Rebuilding Housing Association (hereinafter “Building Association”), but did not complete the registration of ownership transfer as a matter of contributions, and reside in the said I from February 3, 2009.

Defendant D purchased the above apartment from K, the former owner of the instant apartment J on September 30, 2016, and completed the registration of ownership transfer on October 7, 2016, and resides in the said J from that time.

E. Defendant E occupies and uses the instant apartment M units owned by L from October 2015.

G. Meanwhile, Article 64(1) of the Management Rules of the instant apartment sets the payment deadline for the management expenses as the end of the following month.

【Defendant B, D: In the absence of dispute, each entry in Gap evidence 1, 2, and 9 (including paper numbers; hereinafter the same shall apply), the whole purport of the pleadings, Defendant C, and E: Confession

2. Claim against Defendant B (hereinafter “Defendant”)

A. The gist of the Plaintiff’s assertion 1) The Defendant is obligated to pay the taxes and public charges for each household, which occurred after the date of actual occupancy, as the buyer of the sales contract for the said association and G (hereinafter in paragraph (2) with respect to the said association as the members of the reconstruction association (hereinafter in this paragraph “G”). Since the instant apartment began to move in from July 2007, the Defendant: (a) as the Plaintiff sought from April 2015 to September 2017, the overdue management fees and late payment fees from the Plaintiff’s 6,176,416 (the Plaintiff’s fifth date from the date of pleading).