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(영문) 수원지방법원안산지원 2015.08.28 2014가단31073

차임

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is the management body of commercial buildings comprised of each occupant of the 7th floor above ground in Ansan-si, the 5th floor above ground and the 5th underground floor B building (hereinafter “B building”).

B. On April 4, 2012, the Plaintiff purchased No. 15 of the fourth floor of the building B (hereinafter “B building 415”) from D and completed the registration of ownership transfer on April 20, 2012, and purchased No. 8 of the fourth floor (hereinafter “B building 408”) from E on May 24, 2013, and completed the registration of ownership transfer on June 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, 2, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant’s objection against the instant payment order (U.S. District Court Branch Branch Decision 2014Guj 3999) is unlawful. However, the Plaintiff withdrawn the said assertion on the fifth date for pleading of the instant case.

As to the claim amounting to KRW 18,00,00, the Plaintiff claimed that the Defendant paid KRW 3,000,000 (=50,000 per month x six months x six months) for the six-month period from February 28, 2014 to July 2014 when the Plaintiff used the building B (408) owned by the Plaintiff as the office of the management office. However, the Defendant used the building B as the management office from July 2014 to October 2014, the Plaintiff confirmed that the Plaintiff had not paid the rent amounting to KRW 3,00,000 (=50,000 per month x six months). However, the Defendant paid all of the charges (the Defendant used the building B until June 2014, subparagraph 414 to the management office of the said building. From October 28, 2014 to October 9, 2014) (i.e., KRW 4,500,000).

1) The summary of the Plaintiff’s assertion was used by the Defendant as the management office by leasing No. 415 of the building B owned by the Plaintiff from April 2009 to March 2012. The Defendant was 18,000,000 won (=50,000 won per month) for the unpaid rent for the above 415 x (5,000 won).