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(영문) 서울남부지방법원 2018.11.02 2018가단209014
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Each apartment unit listed in the separate sheet (hereinafter “each apartment of this case or the apartment of this case”) is listed in the ownership change relation of the apartment of this case

(B) On June 29, 201, the Asia Trust Co., Ltd. (hereinafter “ Asia Trust”) completed the registration of ownership transfer on the grounds of this transaction.

(2) The Plaintiff purchased the instant apartment from the Asian Trust on December 18, 2015 through a public sale procedure and completed the registration of ownership transfer on January 6, 2016. On the same day, the Plaintiff again completed the registration of ownership transfer on the ground of trust in the Asian Trust, but again completed the registration of ownership transfer on January 27, 2016 due to the trust property attribution in the future of the Plaintiff.

3) The Plaintiff sold each of the instant apartment units from January 2016 to March 2016 to C, D, E, F, G, H, etc., and each purchaser of each of the instant apartment units (hereinafter “current owners”).

B) The registration for the transfer of ownership is completed in the future. B. The delinquent management expenses and late payment charges (hereinafter “instant delinquent management expenses, etc.”) from April 2009 to January 5, 2016 for each apartment of this case, including the Plaintiff’s delinquent management expenses, etc.

The sum is KRW 75,841,660. The Plaintiff paid the Defendant totaling KRW 75,841,660 to the Defendant from January 2016 to March 2016 upon the Defendant’s request to pay the delinquent management expenses, etc. in the course of selling each apartment of this case to the present owner. [Grounds for recognition] The Plaintiff did not dispute any dispute, Gap’s evidence Nos. 1 through 5, Eul’s evidence Nos. 1 through 5, Eul’s evidence Nos. 1 and 5 (with serial numbers), and the purport of all pleadings and arguments as a whole.

2. The parties' assertion

A. The Plaintiff asserted that each apartment of the instant case would be able to be occupied by the present owners, and the Defendant would have been forced to pay all the overdue management expenses required by the Defendant.

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