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(영문) 대전지방법원 2019.06.25 2018가단217346
관리비
Text

1. As to the Plaintiff, Defendant B’s KRW 6,906,360, Defendant C’s KRW 2,033,220, Defendant E’s KRW 1,128,050, and each of the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) with all sectional owners as members of Atel as an aggregate building.

B. Defendant B, as the sectional owner in the above officetel No. 1 floor F and G, did not pay KRW 6,906,360 as management expenses, etc. from April 2016 to January 2018; Defendant C, as the sectional owner in the above officetel No. 1 floor H; Defendant C, as the sectional owner in the above period, KRW 2,03,20 as management expenses, etc. for the above period; Defendant E, as the sectional owner in the above officetel No. 1 floor No. 1,128,050 as the management expenses, etc. for the above period.

C. On June 1, 2016, Defendant D occupied, occupied, and used the instant building on the first floor of the instant officetel (hereinafter referred to as “instant building”) and purchased it from K on June 1, 2017 and completed the registration of ownership transfer on July 11, 2017. K did not pay 2,90,240 won, including management expenses, from December 1, 201 to June 201, and Defendant D paid 2,90,240 won, including management expenses, from June 1, 2016 to March 2019 (management expenses, KRW 2,435,750, KRW 54,490).

On June 2, 2016, the Plaintiff applied for a payment order seeking KRW 12,358,380, based on the payment order (hereinafter referred to as “instant payment order”) issued from the said court on June 8, 2016, for the payment order (hereinafter referred to as “instant payment order”) to K, as the Daejeon District Court 201. From December 2, 2001 to June 201, 201, for the overdue charge of KRW 9,454,340,000, the overdue charge of which was overdue charge of KRW 12,358,380. The instant payment order was finalized as it was not filed by K on June 29, 2016.

[Reasons for Recognition] Unsatisfy (Plaintiffs and Defendant C, D, E), constructive confessions (Plaintiffs and Defendant B), Gap evidence 1 through 8 (including additional numbers), Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the claims against the defendant B, C, and E, the plaintiff, and the defendant B shall be 6,906,360 won such as overdue management expenses, etc.

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