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(영문) 수원지방법원 2019.11.08 2018가단504926
관리비
Text

1. The Defendants jointly committed against the Plaintiff KRW 174,469,625, and KRW 174,320,515, out of the above money. Defendant B shall be liable to compensate the Plaintiff on March 2018.

Reasons

1. Basic facts

A. On March 25, 2014, E completed the registration of ownership transfer with respect to the 1st underground floor G and 2nd underground floor H (hereinafter “instant commercial building”) among the 5th underground floors above the 3rd underground floor (hereinafter “instant building”) and the 2nd underground floor E, which is an aggregate building, and conducted a bath business.

The Plaintiff is an entrusted management company that entered into an entrustment contract with the management body of the instant building.

B. On May 2016, E transferred the ownership and bath business of the instant commercial building to I. Then, after completing the registration of ownership transfer with respect to each of the 1/3 shares of the instant commercial building on December 8, 2017, Defendant B registered his/her business with the trade name “J” and conducted bath business under his/her name.

C. Upon the failure to pay management expenses, the Plaintiff filed an application for the payment order of KRW 80,639,30 of the management expenses from October 1, 2014 to April 18, 2015 (hereinafter “the first payment order”) with the Suwon District Court 2015 tea1963 (hereinafter “the first payment order”), and the said payment order was finalized on July 14, 2015. From July 14, 2015 to October 10, 2015, the unpaid management expenses (the total amount of the unpaid management expenses of the instant commercial building was KRW 121,006,40,000, excluding the unpaid management expenses included in the first payment order) with the Suwon District Court 2015 tea (hereinafter “the first payment order”). From July 14, 2015 to October 20, 2015, the Plaintiff filed an application for the payment order of KRW 34,482,880 (hereinafter “the first payment order”).

I submitted a letter to the effect that E will pay the unpaid management expenses and did not pay the management expenses that he promised to do, even if he had commenced the public bath business, on May 2016, and the plaintiff is the third payment order against E with respect to the management expenses incurred from November 2015 to May 2016 after the second payment order was applied for the amount of KRW 74,151,680 (which is the amount excluding the unpaid management expenses for which the first and second payment order was issued) for the amount of KRW 74,151,680 (which is the amount excluding the unpaid management expenses for which the second payment order was issued).

(1) A request shall be made on August 23, 2016.

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