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(영문) 서울고등법원 2016.08.19 2016나4398

관리용역비 등

Text

1. Of the damages for delay pertaining to the counterclaim in the judgment of the court of first instance, the amount of KRW 119,79,672 against the counterclaim Defendant is calculated on April 1, 2013.

Reasons

1. In the first instance trial after remanding the case, the counterclaim Defendant filed a claim for the payment of unpaid management expenses against B and C, which are co-owners of the 1/2 equity share of the building A, which is the 1/2 equity share in Bupyeong-gu Incheon Metropolitan Government D, E, 3 underground, and 11 neighborhood living facilities on the ground (hereinafter “instant building”), and filed a claim for the return of the advance payment of management expenses against B and C, which are co-owners of the 1/2 equity share in the 1/401, respectively. The counterclaim filed a claim for the payment of the difference between the management service expenses, agency management expenses, and the Lessee and the Counterclaim Defendant’s account as a counter-claim. The first instance court partly accepted the main claim against B and C, dismissed the main claim against the Counterclaim, and declared that partly accepted the counterclaim claim against the Lessee.

Therefore, only the counterclaim defendant has appealed, and the judgment prior to the remand was dismissed, and the appeal against the counterclaim defendant is dismissed, and all appeals against the counterclaim defendant are accepted, and the judgment dismissing the counterclaim claim.

Therefore, only the Counterclaim Plaintiff filed an appeal, and the judgment of remand reversed and remanded the part concerning the counterclaim in the judgment before remanding.

Therefore, among the judgment of the first instance court prior to remand, the part on the claim of the counterclaim defendant's principal lawsuit becomes final and conclusive, and is excluded from the scope of the judgment of this court, and only the part on the claim reversed and remanded is subject to the

2. Basic facts

A. B and C newly constructed the instant building with F (not less than three persons, B, etc.) and as the owner B, and completed registration of initial ownership on September 23, 2005 as to 1/3 of their respective shares in the instant building after completion.

B. On September 25, 2005, 3 including B, etc. entered into a contract with the Lessee that “three persons, including B, etc., entrust the management of the building of this case to the Lessee” (hereinafter “instant service contract”). Accordingly, the Lessee began to manage the building of this case from October 1, 2005.

The main contents of the instant service contract.