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1. Of the instant lawsuits, the instant case pertaining to the decision on performance recommendation as of April 16, 2013 concerning the claim for management expenses under the court 2013Gauri29238.
Reasons
1. Formation of title and request for auction;
A. The Gangdong-gu Seoul Metropolitan Government B apartment and No. 406 Dong 502 were owned by D, and the defendant is the management body of B apartment including the above apartment.
B. D A deceased on October 30, 1994, and as his heir, the Plaintiff, E, F, G, H, I, and C, who were their children, have jointly succeeded to the shares of 1/7 shares.
C. From January 2005 to January 31, 2013, when management expenses of 16,295,170 won were overdue, the Defendant filed a lawsuit against the above inheritor on March 7, 2013 claiming for damages for delay of 20% per annum from the day following the delivery of a copy of the complaint to the day of complete payment.
(2013 Ghana29238) d.
On April 16, 2013, this Court notified the decision of performance recommendation in accordance with the above purport of the claim. The decision of performance recommendation has become final and conclusive for five successors other than the non-service Plaintiff and C, and this Court revoked the decision of performance recommendation and rendered a decision of accepting all of the above claims on August 21, 2013, after proceeding pleadings through service by public notice. The judgment became final and conclusive around that time.
E. On November 5, 2015, based on the above decision of performance recommendation and the above decision, the Defendant filed an application for compulsory auction of real estate (this CourtJ) against all of the above inheritors including the Plaintiff.
At the time, the amount of the claim was 23,179,304 won and 2,327,881 won among them.
In addition, on November 30, 2015, the registration of inheritance was completed in the future of the above inheritors, including the plaintiff, on November 30, 2015 for the above auction procedure. On December 10, 2015, the decision to commence auction was made at the above auction procedure and the registration of commencement of auction was completed.
F. On November 30, 2016, the Plaintiff filed a claim against the Defendant for auction on KRW 23,179,304 and KRW 1,067,872 at the time of the said request for auction.