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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Case summary
A. The Defendant filed an application with the Seoul Southern District Court 2014Kahap246 for provisional injunction against obstruction of business with the Plaintiff as the respondent, and the said court rendered a decision to the following purport on July 2, 2014 (hereinafter “instant provisional injunction”).
3. In the event that the respondent violates the order under paragraph 1, the respondent shall pay 2 million won per day of the violation to the applicant (the defendant).
Attached Form
1. Demanding and collecting monthly management expenses from the occupants of Yeongdeungpo-gu Seoul Metropolitan Government and Yeongdeungpo-gu ground A (hereinafter “instant building”);
2. The Plaintiff raised an objection to the instant original decision as Seoul Southern District Court 2013Kahap313 on November 7, 2014 regarding the “the instant original decision,” and the said court rendered a decision to authorize the instant original decision on November 7, 2014. (3) The Plaintiff appealed with Seoul High Court 2014Ra1344 on the ground that the Plaintiff’s “the act of receiving management expenses, electricity charges, etc. from the lessee is not prohibited.” On March 25, 2015, the said court rendered a decision to change the Plaintiff’s claim and collect monthly management expenses for the instant building to the occupants of the instant building (except for the claim and collection of management expenses, etc. to be paid as a lessor under a lease agreement concluded between the debtor and the lessee of the building owned by the debtor)” (hereinafter “instant decision”).
B. On August 25, 2014, the Plaintiff claimed management expenses for July 2014 and electricity fees of 570,400, and 570,400,000 won for the management expenses for August 2014 to E, a tenant under Article 1102 of the instant building on August 26, 2014.