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(영문) 수원지방법원 2020.05.13 2018나76965
관리비
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the part of the lawsuit shall be dismissed.

2. The total costs of the lawsuit shall be individually counted.

Reasons

1. Basic facts

A. According to an entrustment contract and extension contract entered into with D Co., Ltd. (hereinafter “D”), the Plaintiff managed the C-building from July 1, 2009 to June 30, 2015 (hereinafter “instant building”).

The Plaintiff imposed management fees on the sectional owners of the instant building during the management period of the instant building.

B. On October 14, 2014, the Defendant acquired ownership of Gho Lake and Hho (hereinafter “Gho Lake and H”) among the instant buildings.

C. The former owner of Gho Lake and H failed to pay the management expenses for Gho Lake and H, and the Defendant also failed to pay the management expenses after the acquisition of ownership, but the details of the failure to pay the management expenses are as shown in the details of the failure to pay the management expenses (C building G) and the details of the failure to pay the management expenses (C building G) attached Table 2

[However, among the unpaid management expenses, computer management expenses are included in the section for common use among the unpaid management expenses, and in case of G, the amount is 9,427 won (358,226 won for a total of 38 months from May 2012 to June 2015) each month, and in case of H, 11,691 won each month (4,258 won for a total of 38 months from May 2012 to June 2015), and in case of the sum of 802,484 won, the Plaintiff renounced the claim at the first instance court).

In the first instance court, the plaintiff's claim for management expenses was partially accepted, and the defendant filed an appeal against the judgment of the first instance on October 31, 2018 and filed an application for bankruptcy and immunity with the Jung-gu Government District Court 2018Hadan1854, 2018Ha18Ma1854 on October 31, 2018, and entered the plaintiff's claim for the management expenses in the list

After the District Court rendered a ruling of bankruptcy on December 26, 2018, it decided to discontinue the bankruptcy on February 12, 2020. On February 13, 2020, it decided to exempt the defendant, and the above decision of immunity became final and conclusive on February 28, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 8 through 19 (including branch numbers, if any) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant's main defense is the plaintiff.

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