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(영문) 인천지방법원 2014.02.07 2012가단220847

손해배상(기)

Text

1. The defendant shall pay 22,008,000 won to the plaintiff and 20% per annum from September 26, 2013 to the day of full payment.

Reasons

1. Basic facts

A. In the case of voluntary auction A of Seoul Central District Court, the Plaintiff received a decision to grant provisional permission for the instant building Nos. 5404 and 5405 (hereinafter “instant building”) from the Seongbuk-gu Seoul Central District Court, Seongbuk-gu, 609-1 Hanjin apartment Sports Center’s underground floor No. 5404 and 5405 (hereinafter “instant building”), and paid the sales price on September 3, 2012, and completed the registration of ownership transfer on September 25, 2012.

B. The Defendant is an organization that manages a commercial building at the Hanjin Apartment Sports Center (hereinafter “instant commercial building”).

C. However, the previous owner of the building of this case did not pay the management expenses, including the management expenses for the section for common use, and the defendant, from around 2008, has taken full-time measures on the building of this case and maintained it up to now.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 3 evidence, Eul 11 evidence video and the purport of the whole pleading

2. Determination:

A. The plaintiff's assertion and key issues (1) even if the plaintiff succeeded to the management expenses obligation for the section for common use by the defendant's argument, the defendant continued to maintain the previous measures in violation of the former measures despite the fact that the plaintiff did not succeed to the effect of the previous owner's default, and the defendant was obligated to supply electricity to the plaintiff. Accordingly, the defendant did not use and benefit from the property of the building of this case even

Therefore, the Defendant is obligated to pay the Plaintiff the amount equivalent to the rent of KRW 22,008,00 as damages for the tort, and the damages for delay.

In addition, there is no management expenses obligation of the plaintiff in the attached list against the defendant.

(B) The Defendant is not a management body established with all sectional owners as members under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Joint Building Management Act”), but is merely an organization of users of the instant commercial building.