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(영문) 인천지방법원부천지원 2017.09.21 2017가단5961

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B Steering Committee (hereinafter “Defendant B Steering Committee”) is an organization composed of the owners and lessees of building B, which is an aggregate building of the 2nd and the 6th floor above the ground, located in Bupyeong-si, Bupyeong-gu, Seoul, and the 2nd floor above the 6th floor above the ground (hereinafter “instant B”), and the Defendant Han-si Co., Ltd is a company that actually manages the instant B upon entrustment by the Defendant Steering Committee, and the Plaintiff is the lessee of B 1 and 401.

B. Article 46(4) of the Management Rules of the Defendant Steering Committee provides that the expenses incurred in the management of common areas in the instant case B shall be borne by the occupant (owner or lessee), and Article 48 of the Management Rules provides that the management entity shall establish and implement the Management Rules of Parking Lots as soon as possible in order to efficiently manage and operate underground parking lots.

C. On May 20, 2015, the Defendant Steering Committee held a meeting of executive officers to allow only one registered vehicle for each room in the underground parking lot, and passed a resolution on the “plan to use an underground parking lot” to collect parking fees for other vehicles. The Defendant Steering Committee allowed only one registered vehicle for the occupant according to the above resolution and collected parking fees for the use of the remaining vehicles.

In response to the restriction on the use of such underground parking lots, the Plaintiff refused to pay the amount corresponding to the parking fees among the management expenses imposed on B 1 Dong 401 from the beginning of 2015.

E. Accordingly, the Defendants urged the Plaintiff to pay the unpaid management expenses over several occasions, and around March 2017, notified the Plaintiff to pay the unpaid management expenses of KRW 23,224,643 (=the unpaid principal KRW 20,127,434, late 3,097,20).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1 B 1.