채무부존재확인
1. The Defendant’s claim for management expenses from December 2, 2010 to May 2014 against the Plaintiff does not exist.
1. Facts of recognition;
A. The Defendant is the managing body of Daejeon Sung-gu Btel (hereinafter “instant building”), and the Plaintiff is a sectional owner who purchased 1109 units of the instant building at the auction procedure on February 20, 2017 and completed the registration of ownership transfer on the 23th of the same month.
(b) Details of the change of ownership in relation to subparagraph 1109 are as listed below [Attachment 1]:
The order of receipt (Seoul District Court) No. 115873, Nov. 29, 2010; November 29, 2010; No. 34600, May 29, 2014; No. 44600, Apr. 22, 2014; No. 16054, Feb. 23, 2017; No. 16054, Feb. 20, 2017; and No. 11105, Nov. 29, 2010; and
(c) C and D were the former owners of No. 1109 did not pay management expenses on time.
For the same year as February 17, 2017, the Plaintiff paid 1,532,210 won to the Defendant for the management expenses for the section for common use for which D was in arrears.
3. On March 2, 2014 and April 2017, the Plaintiff paid KRW 212,986 on March 14, 2017, the aggregate of the management expenses for common areas within three years from the date of the Plaintiff’s acquisition among the management expenses in arrears in C. D. The Plaintiff asserted that “the Plaintiff paid all the management expenses in arrears for the pre-existing owners whose prescription has not expired, and the pre-existing management expenses on February 2014 did not have an obligation to pay them by prescription.” However, the Defendant urged the Plaintiff to pay the management expenses in arrears in the amount of KRW 276,50 as part of the management expenses in arrears in June 2, 2015, which was “D paid KRW 276,50, which was approved on the claims for the management expenses incurred prior thereto or renounced the prescription benefits.” The Defendant urged the Plaintiff to pay the management expenses in arrears from December 2, 2010 to May 20, 2014 (hereinafter “the instant management expenses”).
E) The details of the instant management expense claim asserted by the Defendant are as follows (the Defendant paid KRW 276,500 on June 2, 2015, and KRW 12,400 on management expenses in May 2014, and KRW 184,380 on management expenses in December 2010 and KRW 184,380.