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(영문) 인천지방법원 부천지원 2017.03.09 2016가단109453
관리비
Text

1. The Defendant’s KRW 90,730,764 for the Plaintiff and KRW 5% per annum from July 30, 2016 to March 9, 2017.

Reasons

1. Facts of recognition;

A. On November 2007, the Plaintiff entered into a comprehensive management service contract with 11 sectional owners of the aggregate building D (hereinafter “instant D”) located in Seocheon-gu, Seocheon-gu, Seocheon-si, Seoul (hereinafter “instant aggregate building D”) and had management of the instant D until now.

B. In the auction procedure on January 28, 2016, the Defendant purchased the instant D Building E, F, G, and the instant D Building H and I on February 22, 2016, and acquired the ownership thereof.

C. Before the Defendant acquired the ownership of the instant D Building H, I, E, F, and G, all owners of the instant real estate were in arrears with the management expenses for common areas of KRW 90,730,764.

On November 1, 2016, the J Management Body, the management body of the instant D, transferred to the Plaintiff all the management expenses claims related to H, I, E, F, and G of the instant building (hereinafter “transfer of claims”), and notified the Defendant thereof on November 15, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 19, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay 90,730,764 won for common areas in arrears by the former owner of each of the above real estate as the special successor of the D, H, I, E, F, and G of the building of this case, to the J Management Body, which is the managing body of the D of this case.

However, since the J Management Body transferred all of the above management expenses claims against the defendant to the plaintiff, the defendant is obligated to pay the above management expenses to the plaintiff who is the transferee.

B. First of all, the Defendant asserts that, as the representative of the J Management Body is not a sectional owner of the instant building, the J Management Body is not a management body of the instant D.

In full view of the overall purport of the arguments, the J Management Body shall be composed of the members of the instant sectional owners from January 2004 to the written evidence Nos. 20 to 27.

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