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(영문) 수원지방법원 2020.05.06 2019나89852
관리비
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasons for this part of the judgment of the court of first instance cited by the court of first instance are as follows, and thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where the judgment is used or added as follows.

2. Parts used or added;

A. The following shall be added between 3 and 4 lines in the first instance judgment:

The defendant asserts to the effect that the evidence, such as the notice of management expenses, is merely merely the data prepared by the plaintiff and is not written in detail. However, in light of the fact that the plaintiff, a management company of the building of this case, prepared in the course of managing the building of this case, and submitted the data (Evidence A) stating the detailed details of the item in addition to the notice of management expenses, the plaintiff can sufficiently recognize the fact that the management expenses were unpaid, and the evidence submitted by the defendant alone is insufficient to reverse it and there is no counter-proof. Therefore, the above argument cannot be accepted.

B. From the 5th sentence of the judgment of the court of first instance to the 6th sentence are as follows.

“The Defendant asserts that the statute of limitations for unpaid management expenses claims that have elapsed three years retroactively from the date of the instant lawsuit, among the unpaid management expenses claims claimed by the Plaintiff, have expired. In this case, the term “claim prescribed by the period of not more than one year” under Article 163 subparag. 1 of the Civil Act, which means a claim that takes the short-term extinctive prescription of three years, means a claim that is regularly paid for a period of not more than one year. Therefore, in this case, the short-term extinctive prescription of three years is applied to the unpaid management expenses claim for an aggregate building that is paid on a monthly basis (see Supreme Court Decision 2005Da65821, Feb. 22, 2007).

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