채무부존재확인
1. The part that seeks the confirmation of the existence of the obligation of the management expenses among the lawsuit in this case shall be dismissed.
2. The plaintiff's remainder.
Basic Facts
The plaintiff is a sectional owner of the 6th floor of the 3rd building located in Seoul Special Metropolitan City, Nowon-gu, 651-2, and the defendant is a managing body of 3rd building
The defendant filed a lawsuit against the plaintiff on the claim for management expenses from Seoul Northern District Court 2013Da43670. On July 8, 2015, the above court sentenced the plaintiff to the judgment that "the plaintiff shall pay 3,518,070 won and delay damages to the defendant," recognizing that "the plaintiff shall pay 3,518,070 won and delay damages to the defendant for the management expenses from May 2013 to November 2013, 2013, including management expenses 3,227,510 won and 290,560 won from December 2013 to September 2014."
The above judgment became final and conclusive around July 29, 2015.
On July 14, 2015, prior to the filing of the instant lawsuit, the Plaintiff paid the Defendant the unpaid management expenses according to the said final judgment, and paid all the management expenses incurred after the said final judgment until November 15, 2016 during the instant lawsuit.
【No dispute over the ground for recognition”, Gap evidence Nos. 1, Gap evidence No. 19, the purport of the whole pleadings, and the existence of the non-existence of the unpaid management expenses against the defendant. However, although the defendant claimed the absence of the unpaid management expenses against the defendant on the date of the closing of argument in this case, it is the fact that the defendant did not have the remaining management expenses as of the date of closing of argument. Thus, the part
The Plaintiff claimed damages for defamation and the prohibition against defamation are claiming damages of KRW 5 million based on false defamation, and at the same time claiming the prohibition of defamation, etc., by publicly announcing and posting the Plaintiff’s unpaid management expenses by false or exaggerated means.
However, as acknowledged earlier, the fact that the Plaintiff did not pay management expenses was objectively recognized by a civil final judgment, and even after the instant lawsuit was filed, the Plaintiff’s unpaid management expenses remain, and thus, the Defendant completed the repayment at the closing of argument.