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(영문) 의정부지방법원 고양지원 2017.04.28 2016가단72064

관리비

Text

1. The request is dismissed.

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

Reasons

1. The assertion;

A. The Plaintiff’s assertion that the Plaintiff did not pay the management expenses related to the first floor of the building Nos. 101, 102, and 103 (hereinafter “instant commercial building”) of the building Nos. 97,526,060 ( principal amounting to KRW 84,078,70, late 13,447,360) from September 2014 to December 2015, the Plaintiff shall pay the Plaintiff money.

B. The defendant could not use the commercial building of this case as an unlawful obstruction of use, such as the measure to close down the plaintiff's spawd until the sale of the commercial building after the defendant's assertion acquired ownership.

The defendant is not obligated to pay management expenses because he did not use or benefit from the commercial building of this case for that period.

2. On August 20, 2013, the Defendant acquired the ownership of the instant commercial building, which was used as a private house by auction.

Before the Defendant acquired ownership, the lessee C had been in a state of being able to divide the management fee by the Plaintiff, a controlled entity.

On September 4, 2014, the Plaintiff filed a lawsuit against the Defendant regarding the management fee for the section for common use that was already incurred before the Defendant acquired ownership; KRW 65,081,440, late August 2014; KRW 4,763,610; and KRW 65,081,463,610; and KRW 4,763,610; and the payment order was finalized on October 20, 2014. On October 31, 2014, the Defendant filed a lawsuit against the Plaintiff regarding the enforcement of the payment order.

In the lawsuit, the plaintiff's suspension of the use of the commercial building of this case is deemed to continue on December 1, 2015, which is the date of closing the argument, and thus, the compulsory execution of the plaintiff based on the payment order was denied. The judgment of the court of first instance on February 23, 2017 became final and conclusive since both the plaintiff's appeal and the appeal were dismissed.

On the other hand, the Defendant sold the instant commercial building to D on February 4, 2016.

However, there is a problem.