logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.04.28 2019나4380
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On February 23, 2006, the Plaintiff is a company operating the building management business. The Defendants completed the registration of ownership transfer on the ground of sale on January 17, 2006 as to the shares of Defendant C 8/10 and the shares of Defendant D 2/10 on the share of the instant building (hereinafter “instant building”) and on the ground of sale on January 17, 2006. However, on December 26, 201, the Plaintiff completed the registration of ownership transfer for each of the instant buildings to F and G on December 26, 2011.

B. On April 1, 2010, H Co., Ltd. and the Defendant C entered into a contract for management services (hereinafter “H”) with a company that engaged in real estate development, sale, lease, and management business, and entered into a contract for comprehensive management services of buildings (hereinafter “instant contract”), including the following, with the Defendant C regarding the instant building:

(H is deemed to have been under the management of the building of this case under the same contract as the contract of this case). Article 7 of the General Conditions for the Facility Management Contract (the imposition and collection of management expenses) (the owner) of the building on October 10 (the owner) confirms the overdue amount of management expenses to the manager (H) when the lessee terminates the lease contract and the lease contract, and pays the overdue amount to the manager first after deducting the rental deposit from the rental deposit.

C. The lessee’s unpaid management expenses (i.e., the J did not pay KRW 4,291,310 in total of the management expenses and late fees imposed from August 2008 to January 2009 to H at the time when the lessee leased and used the instant building K and L, and (ii) M did not lend and use the instant building N and H from February 2009 to June 2009, together with the management expenses and late fees imposed by the Defendants (hereinafter “instant overdue management expenses”).

arrow