채무부존재확인
1. The plaintiff (Counterclaim defendant) shall transfer to Gangnam-gu Seoul as to No. 107 of the underground first floor of the building B located in Gangnam-gu Seoul.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 6, 2015, the Plaintiff acquired ownership by winning a successful bid of No. 107 of the underground first floor of the building B located in Gangnam-gu Seoul (hereinafter “instant commercial building”) in Gangnam-gu.
The defendant, as a management body of the above aggregate building, has appointed D as the head of the management office and has been in charge of management.
B. Before the Plaintiff was awarded a successful bid, the Asia Construction Co., Ltd. owned the instant commercial building and leased it to E (F).
The F operated a restaurant in the commercial building of this case, but its operation is not well-grounded, so the F left as a public room for a long time after the closure of the business.
At the time when the plaintiff was awarded a successful bid for the commercial building of this case, the business was not carried out.
C. When the Plaintiff was awarded a successful bid, the instant commercial building was in arrears with a considerable amount of management expenses, and due to which the Defendant’s measure was taken to close a short circuit and a entrance from the Defendant (the Defendant’s management of the password of the correction device of the section for exclusive use).
According to Article 11(3) and (4) of the defendant's management rules, owners, etc. shall bear monthly management expenses, maintenance expenses, long-term repair appropriations, etc. necessary for the maintenance and management of buildings, and even if a sectional owner lends his/her exclusive portion to a third party, the responsibility for payment of management expenses, long-term repair appropriations, etc.
E. According to Article 38 of the Defendant’s management rules, the president of the management body may issue the first demand note where management expenses, etc. are delinquent for two months or more, and take measures such as the second demand note, heating, hot water, suspension of electricity supply, etc. where management expenses, etc. are delinquent for not less than three months. In this case, the owner, etc. shall not be liable to compensate the management body or the management body for damages and any legal liability.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 9, Eul evidence 1, 2, 2-1, 2, 3-1, 3-1, 2-1, 3-1, 3-1.