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(영문) 수원지방법원 2015.12.24 2015나28248
관리비
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 20, 2005, the Plaintiff (the former trade name was “The Commission,” but it was changed to its trade name as of April 25, 2008) delegated C’s management duties to the future D Co., Ltd., an executor of “C,” an aggregate building located in G in Ssung City, and thereafter performed C’s management duties from that time.

B. The “C Management Body” was organized on July 15, 2013. As the said Management Body decided to delegate C’s management duties to a new controlled entity, the Plaintiff’s management duties against C was terminated on November 30, 2013.

C. On April 1, 2014, the Defendant completed the registration of ownership transfer on the ground of sale due to voluntary auction on April 1, 2014, as to Article 508 of the Korea-Japan Engineering Co., Ltd. (hereinafter “Korea-China Engineering”), which was owned by the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and purport of whole pleadings

2. The defendant's judgment on the defendant's main defense is not a person who is currently performing the management duties of C, but a sectional owner of C is not a sectional owner, and since the plaintiff was not delegated the management expenses lawsuit of this case by C management body, the plaintiff's lawsuit of this case seeking the payment of management expenses against the defendant is unlawful as a lawsuit filed by a non-standing plaintiff

However, in a lawsuit for performance, a person who asserts that he/she has the right to standing to sue, so the defendant's defense is without merit.

3. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1 is a company that performed the management authority delegated by C and is delegated with the authority to collect unpaid management fees for the Hanm Engineering, etc. from C management body. The Defendant succeeded to KRW 7,624,760 as the special successor of C50, which was the former owner, to the unpaid management fees for the common areas. As such, the Defendant succeeds to KRW 7,624,760.

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