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(영문) 의정부지방법원고양지원 2019.07.10 2019가단1032
특별수선충당금
Text

1. As to the Plaintiff (Appointed Party) KRW 24,640,598, and KRW 38,533,170 and each of the said amounts, the Defendant shall pay to the Appointed Party D for the said KRW 38,53,170 and each of the said amounts.

Reasons

1. Around June 8, 2001, the Plaintiff (Appointed Party) and the Appointor D (hereinafter “Appointed”) leased the Fma G and H (hereinafter “instant shopping mall”) on one parcel of land, f. G and H (hereinafter “instant shopping mall”). The Selection began to operate the “I”). From April 16, 2003 to December 6, 2006, the Plaintiff (Appointed Party) operated the said Institute of Arts as each representative from December 7, 2006 to December 31, 201.

On December 22, 2003, Defendant (JJ Co., Ltd.) acquired ownership of the instant commercial building on December 22, 2003, but transferred its ownership to K on November 18, 2014.

The management rules of the common building including the instant commercial building provide that “The amount equivalent to 10% of the total management expenses per month shall be paid as allowances for the maintenance and preservation of the facilities,” and accordingly, the Plaintiff (Appointed Party) and the appointed party as representative, while operating a private teaching institute, paid the management expenses including the repair allowances (hereinafter “the instant allowances”) as follows to the management office during the period when the Defendant owned the instant commercial building as the representative:

Around January 2004 to December 15, 2014, the Defendant sent the Plaintiff’s notice of special repair appropriation funds and special repair appropriation funds from June 23, 2010 to December 15, 2014, to KRW 25,703,380 to November 38, 2006, and KRW 170 from December 2006 to May 24, 2010 to May 23, 2010, the Defendant paid KRW 25,703,380 to the Plaintiff on the part of the Plaintiff upon receiving a request from the Plaintiff for the refund of allowances. However, with respect to the appropriation funds from January 6, 2010 to June 20, 2010, it is impossible to verify the imposition and amount due to the bankruptcy of the entrusted building management company (appointed party) at the time, and thus, it is necessary to pay only the Plaintiff’s KRW 24,640,378,380.

[Reasons for Recognition] A. A. 1 to 4 (including paper numbers) and 1 to A. B, respectively, and to A.B. A.D. bank.

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