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(영문) 인천지방법원 2018.01.17 2016가단40674
관리비
Text

1. The Plaintiff, Defendant C, and Defendant D, as to KRW 13,657,575, and each of the said money, from June 30, 2017.

Reasons

1. Basic facts

A. The Plaintiff entered into an entrustment management agreement with the management body of the “F” building in Gyeyang-gu Incheon (former name of the building: G) and performed the management affairs of the said building from January 1, 2014 to the date of closing argument.

B. On February 3, 2010, Defendant C acquired the ownership of H of the said F building (hereinafter “instant building”) and completed the registration of ownership transfer for 1/2 shares of the instant building on October 30, 2012 on the ground that the transfer agreement was made on October 30, 2012.

C. The instant building was occupied by the lessee, i.e., I, from January 1, 2014. The Defendants did not pay management expenses from that time to that time.

The management expenses for the section for common use unpaid from January 2014 to March 2014 for the building in this case are KRW 1,424,440, and the management expenses for the section for common use unpaid from April 2014 to May 2017 are KRW 27,315,150.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-10, the purport of the whole pleadings

2. Unless there are special circumstances in determining the cause of the claim, Defendant C, as the sole owner of the instant building or the sole owner of the 1/2 share of the instant building from January 2014 to March 2014, is obligated to pay the unpaid management expenses of KRW 1,424,440, and KRW 13,657,575, out of the unpaid management expenses from April 2014 to May 2017, KRW 15,082,015, and Defendant D, as the 1/2 share owners of the instant building from April 2014 to May 2017, calculated at the rate of 1/2,657,57, and delay damages from June 30, 2017 to June 30, 2017, as requested by the Plaintiff.

3. Judgment on the defendants' assertion

A. Defendant C added the Plaintiff to the list of individual rehabilitation creditors and received an order of prohibition in individual rehabilitation procedures.

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