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(영문) 창원지방법원 2017.09.27 2017나203
용역비
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the appointed party B.

Reasons

1. Basic facts

A. On February 2, 2016, the Plaintiff, a corporation established for the purpose of housing management business, etc., entered into an entrustment management contract with the Jinju City Ctel (hereinafter “instant officetel”) on the overall management of the instant officetel (hereinafter “instant management contract”), and manages the said officetel until now.

B. Of the instant officetels, five stories 502 (hereinafter “instant building”) were owned by Nonparty D. On September 24, 2009, Nonparty E completed the registration of ownership transfer by winning a successful bid in the real estate auction procedure, and on November 25, 2015, the Defendant completed the registration of ownership transfer by winning a successful bid in the real estate auction procedure, and thereafter, the Selection B purchased from the Defendant and then owns it on April 6, 2016.

C. Of the delinquent management expenses of the instant building, the part on the section for common use is KRW 4,822,610 from March 2009 to November 2015.

On November 6, 2014, the instant officetel 1 resident representatives’ meeting filed a lawsuit against E seeking the payment of delinquent management expenses from March 2009 to the time of filing a claim for the payment of delinquent management expenses, which became final and conclusive on August 18, 2015.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1 through 3, Gap’s evidence 5 through 7, and the purport of the whole pleadings

2. Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act") provides that "the special successor under the Act on the Ownership and Management of Aggregate Buildings may exercise the claim that the co-owner holds against another co-owner with respect to the common area against the special successor," and that the special successor under the Aggregate Buildings Act succeeds to the obligation to bear the expenses incurred in the maintenance and management of the common area of the aggregate building in accordance

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