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(영문) 서울남부지방법원 2016.02.18 2015나7133

양수금

Text

1. Revocation of a judgment of the first instance;

The Defendants jointly and severally against the Plaintiff KRW 2,504,160 and KRW 2,086,80 among them.

Reasons

1. Facts of recognition;

A. On May 20, 2009, the Defendants entered into a contract for the supply of apartment buildings (hereinafter “instant sales contract”) that purchase C apartment 205 dong 1001 (hereinafter “instant apartment buildings”) in the Yongsan-si District from the same land (hereinafter “the same land”).

B. The sales contract in this case requires the buyer to bear management expenses regardless of whether the apartment house in this case is located from the day after the expiration date of the occupancy period designated by the same soil, and the same soil building completed the apartment house in this case and then designated the occupancy designation period from June 18, 2010 to August 17, 2010 to send a written guidance of occupancy.

C. The Defendants did not follow the occupancy procedure, such as completing the registration of ownership transfer on the instant apartment after the expiration of the designation date for occupancy, and did not pay the management expenses (from August 18, 2010 to July 201) for the instant apartment to be paid for the same soil, including the management expenses (from August 18, 2010 to July 201, the day following the expiration date of the designation for occupancy) 2,086,80 won, and the late payment charges 417,360 won.

On April 15, 2014, the same case transferred to the Plaintiff the management expenses claim amounting to KRW 2,504,160 against its Defendants, and notified the Defendants of the assignment of the said claims by way of content-certified mail on May 2, 2014.

[Ground of recognition] Gap evidence Nos. 1 through 3, evidence Nos. 8 through 10, fact-finding results and the purport of the whole pleadings to the council of occupants' representatives in the trial

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff, the assignee of the management fee, the above amount of KRW 2,504,160, and 2,086,800 among them, as requested by the Plaintiff, delay damages calculated at the rate of 20% per annum from February 25, 2015, the day following the delivery of the copy of the complaint of this case to the day of full payment.

If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance has different conclusions.