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(영문) 서울남부지방법원 2016.03.31 2015나7157
양수금
Text

1. Revocation of a judgment of the first instance;

The defendant's KRW 1,062,630 and KRW 870,610 among them shall begin on February 25, 2015.

Reasons

1. Facts of recognition;

A. On May 29, 2009, the Defendant entered into a contract for the supply of an apartment unit (hereinafter “instant sales contract”) that purchases an apartment unit 402 Dong 1001 (hereinafter “instant apartment unit”) from the same building (hereinafter “the same building”).

B. The sales contract in this case requires the buyer to bear management expenses regardless of whether the apartment house in this case is located from the day after the expiration date of the occupancy period designated by the same soil, and the same soil building completed the apartment house in this case and then designated the occupancy designation period from October 4, 2010 to December 3, 2010 to send a written guidance of occupancy.

C. The Defendant did not follow the occupancy procedure, such as completing the registration of ownership transfer on the instant apartment after the expiration of the designation date for occupancy, and did not pay the management expenses (from December 4, 2010 to November 201, the day following the expiration date of the designation for occupancy) of the instant apartment to be paid for the same lot. The Defendant did not pay the aggregate of KRW 1,062,630,00,000 and its late payment charges.

On April 15, 2014, the same case transferred to the Plaintiff the management expenses claim amounting to KRW 1,062,630 against his/her Defendant, and notified the Defendant of the fact of the assignment of the claim by content-certified mail on May 2, 2014.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 8 through 10, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the transferee of the management fee, the amount of KRW 1,062,630 and the amount of KRW 870,610, as claimed by the Plaintiff, delay damages calculated at the rate of 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from February 25, 2015 to the date of full payment, as claimed by the Plaintiff.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair in conclusion, and the above amount is revoked.

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