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(영문) 서울동부지방법원 2016.09.08 2015가합4434
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation of the Plaintiff’s Intervenor is the Intervenor.

Reasons

1. Facts of recognition;

A. On June 1, 2008, the Plaintiff commenced possession of the said C Apartment 702 and 703 (hereinafter collectively referred to as “each of the instant real property,” and individually indicated as “instant 702, etc.”), demanding the payment of subcontract bonds as representative of the subcontractor creditors who subcontracted the construction work in Gwangjin-gu Seoul Special Metropolitan City.

B. Around June 1, 2008, the Plaintiff’s assistant intervenor prepared a “written entrustment of custody of custody of custody of custody” with the purport that, with respect to each real estate of this case with the representatives of subcontractors including the Plaintiff, and with respect to each real estate of this case, “the Plaintiff, etc. exercises a lien on each real estate of this case,” and “the Plaintiff’s assistant intervenor shall entrust the Plaintiff’s assistant intervenor with the custody of custody of custody.” The Plaintiff’s assistant intervenor, as a trustee, occupied and managed the custody of custody of custody as a good manager. The Plaintiff’s assistant bears the total amount of the apartment management expenses imposed on each real estate of this case, and if the custody is sold, he/she will receive the payment from the proceeds of sale of the custody

C. The Defendant has notified the Plaintiff’s Intervenor of the payment of management expenses for each of the instant real estate in its name, and the Plaintiff’s Intervenor paid management expenses for each of the instant real estate by January 2014.

Plaintiff

The Intervenor refused to pay the management expenses for each of the instant real estate from February 2014 to April 2015, and paid the management expenses from May 2015 to July 2015.

E. The Plaintiff and the Plaintiff’s Intervenor occupied and used each of the instant real estate until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 8, 13, 16, 17, and 24 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The defendant's judgment on the main defense of safety shall be based on ① the apartment in C, with the legal personality.

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