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(영문) 서울고등법원 2017.11.17 2017나2022382
관리비
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. This Court’s reasoning concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of the first instance, except in the following cases. Thus, this Court’s reasoning is cited by the main sentence of Article 420 of the Civil Procedure

Part 3: The following shall be added at the end of the 11st day:

“In the first instance trial, the Defendant alleged that the unpaid management expenses for the portion of joint possession that Defendant B and Defendant C jointly should pay to the Plaintiff is KRW 157,067,30,03, and that the unpaid management expenses for the portion of joint possession that Defendant B and Defendant D jointly should pay to the Plaintiff are KRW 153,779,405, but the confession was revoked in the trial.

However, in a case where there is no consent of the other party to a confession in court, the confession may be revoked only when the confession proves that the confession does not conform to the truth and that the confession was due to mistake (Article 288 of the Civil Procedure Act), and in light of the contents of evidence Nos. 1, 2, 6, and 14 of the above confession, it cannot be concluded that the confession by the Defendants is not consistent with the truth, and thus, the assertion of revocation of confession by the Defendants is rejected

In addition, according to the evidence evidence Nos. 1 through 14, it is reasonable to view that the defendants entered into a management contract with the plaintiff as to the part of possession, such as paying the amount equivalent to the management expenses imposed to the plaintiff, separate from the legitimate possessory right source, etc.

2. According to the above facts of recognition as to the claim for management expenses, Defendant B and Defendant C jointly share the above 131,867,453 won, Defendant B and Defendant D jointly share the above 153,779,405 won, and the following day of delivery of a copy of the complaint of this case filed by the Plaintiff, which is the day of complete payment, from October 13, 2015 to the day of complete payment.

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