(영문) 서울중앙지방법원 2014.10.31 2013가합92380

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(영문) 서울중앙지방법원 2014.10.31 2013가합92380

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Han River Industry Development Co., Ltd. (hereinafter “BG”) purchased 301, 401, 501, 601, 701, 801, 901, and 1001 (hereinafter “the instant building portion”) from A among the 301, 401, 501, 601, 701, 801, 901, and 1001, and completed the registration of ownership transfer on June 3, 2003 between the Defendant and the Defendant on April 5, 2007, and completed the registration of ownership transfer to the Defendant on April 5, 2007.

B. On July 19, 2008, the U.S.G. entered into a contract with B&D (hereinafter “BD”) on the part of the manager of B’s building, under which the management services for the section for common use of B were assigned to B&D.

C. The Plaintiff purchased the instant building portion from the Defendant and completed the registration of ownership transfer on September 8, 201.

On September 30, 201, B&D filed a lawsuit against the Plaintiff seeking the payment of management expenses for common areas (hereinafter “instant prior lawsuit”) for the period from September 2008 to August 201, 201, which was prior to the Plaintiff’s acquisition of the Plaintiff’s ownership, and on February 19, 2013, the judgment became final and conclusive that “the Plaintiff, as a special successor to the sectional ownership of the instant building, paid the management expenses for common areas to B&D for the said period pursuant to Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), as a special successor to the sectional ownership of the instant building.”

E. The Plaintiff spent KRW 15,347,308 as the litigation costs of the instant prior suit. According to the said final judgment, the Plaintiff paid KRW 253,127,689 (hereinafter “instant management expenses”) to non-Ndy aggregate of the management expenses for common areas and damages for delay from July 5, 2012 to July 15, 2013 in accordance with the said final judgment.

[Reasons for Recognition] Gap 1 through 3 (including various numbers), Gap 4, 5, Gap 6-1 through 8, Gap 7, 8, and Gap 9.

참조조문

-집합건물의 소유 및 관리에 관한 법률 제18조

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