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(영문) 서울남부지방법원 2020.12.18 2019나67164
충당금 청구의 소
Text

Of the judgment of the first instance, the part against the plaintiffs shall be revoked.

Reasons

1. Basic facts

A. Defendant G is a co-owner of the instant commercial building that was sold by Yecheon-si I (hereinafter “instant commercial building”) second floor Q. Plaintiff D is a unit owner of the instant commercial building, Plaintiff D is a unit of R, Plaintiff F is a unit of the wife’s name, Plaintiff B is U, Plaintiff C is a unit of the wife’s name, Plaintiff C is a unit of U, and Plaintiff C is a unit of the wife’s name, Plaintiff C is a unit of X, Plaintiff E is a unit of Y, Defendant H is Zho, and Nonparty A is a unit of the sectional owner of the instant commercial building.

B. Around April 2014, 2014, the construction was carried out in Qhoco’s interior of the second floor of the instant commercial building, but the construction was suspended to the extent that the existing boundary walls of the relevant store were removed and some common spaces were created.

C. AB and Defendant H were co-representatives around April 2018, as a management body of LI as a whole, and as a joint representative.

Under the lead of the construction of a Pdcote for the entire second floor of the instant commercial building (hereinafter “the instant second floor”) and the construction was completed on November 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8 through 10, 12, and 13 (including each number), Gap witness AB's testimony and the purport of the whole pleadings

2. Determination as to the cause of action

A. On April 2018, the Plaintiffs, the entire sectional owners of the second floor, P, and the Defendants resumed the instant second construction under L’s initiative, and the owners of the remaining six stores, excluding the sectional owners of the three stores, who already paid KRW 15 million for the construction cost at the time of the first construction work, set aside each of the construction cost at KRW 15 million at the store and the construction work was suspended due to the Defendants’ failure to pay the contributions.

Accordingly, at the meeting of September 15, 2018, Defendant G again agreed to pay the unpaid amount of KRW 12 million, which remains after deducting KRW 3 million from the payment of the lighting fixtures, and KRW 15 million by Defendant H. However, the Defendants did not pay the unpaid amount until the completion of the construction work. Ultimately, the Plaintiffs, who are the remaining sectional owners except Nonparty P, are the Defendants.

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