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(영문) 부산지방법원 2015.05.15 2014가단75673
관리비등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion is a company established by sectional owners for management of A commercial price, which is an aggregate building located in Busan Seo-gu Seoul Metropolitan Government.

The defendant, as a sectional owner of some stores (No. 5107, 5081, and 5082) in the above building, has a duty to pay management expenses imposed on each of the above stores, and has not paid management expenses for a long period.

Accordingly, the Plaintiff filed a claim against the Defendant for the payment of unpaid management expenses, etc. (i.e., unpaid management expenses of KRW 45,162,70 from December 2010 to April 2014, and damages for delay of KRW 45,162,70 from December 2014) and damages for delay of KRW 45,162,70 from among them.

2. According to the evidence No. 1-1-3 of No. 1-3, the person recorded as the owner in the certificate of real estate registration of each of the above stores can be known to be the corporation for liquidation, not the defendant. Thus, there is no ground to deem that the defendant, not the owner, bears the obligation to pay management expenses.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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