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(영문) 의정부지방법원 고양지원 2021.02.10 2019가단76456
구상금
Text

1. The Defendant’s KRW 13,707,90 with respect to the Plaintiff and KRW 5% per annum from March 1, 2019 to February 10, 2021, and the following.

Reasons

1. Facts of recognition;

A. As to the Category D Building E (Fho on March 8, 2013), G and H (hereinafter collectively referred to as “instant commercial building”), the Defendant on February 10, 2015, the Plaintiff on August 8, 2018, and the Plaintiff on February 28, 2019, completed the registration of the transfer of ownership in the name in the first order on February 28, 2019.

B. A Committee for the Operation of the D Building Management Units (hereinafter “instant Management Operation Committee”) did not pay management expenses incurred from February 2, 2015, including unpaid management expenses by J, the former owner. On November 16, 2015, the Defendant completed provisional attachment on KRW 54,189,740 of the claimed amount in relation to the instant commercial buildings.

(c)

On July 1, 2016, the Defendant prepared a letter of commitment to pay KRW 10,00,000 out of the unpaid management expenses until September 30, 2016, to pay KRW 22,430,840 to the instant management unit by June 30, 2017, on condition that the provisional seizure on the instant commercial building is terminated.

(d)

On August 3, 2016, the instant management body applied for the cancellation of provisional seizure against the instant commercial building on August 3, 2016, and the registration of provisional seizure on August 8, 2016 was cancelled.

E. On February 28, 2019, the Plaintiff paid KRW 40,832,020 to the instant management unit as the unpaid management expenses of the instant commercial building.

[Ground of recognition] Unsatisfy, Gap 1, 2, 3 and 6 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant did not pay the management expenses of KRW 33,218,580 in total from February 2, 2015 to August 2018, the Plaintiff acquired the Plaintiff’s ownership as the former owner of the instant commercial building.

Since the Plaintiff, who succeeded to the Defendant’s obligation to pay the management expenses while acquiring the instant commercial building, paid the management expenses that the Defendant did not pay to the Plaintiff, the Defendant is obligated to pay the management expenses that the Plaintiff paid in lieu of the Plaintiff and the statutory interest or delay damages therefrom.

① The content of the Plaintiff’s complaint is that the Defendant pays and claims reimbursement for the unpaid management expenses during the period of possession of the instant commercial building.

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