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(영문) 의정부지방법원고양지원 2014.12.10 2014가단16923
관리비
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 18,840,240 as well as the full payment from November 20, 2014.

Reasons

1. Determination on the main claim

A. 1) The Plaintiff is a commercial building A located in Goyang-gu, Goyang-si C (hereinafter “instant commercial building”).

(2) On August 5, 2013, the Defendant: (a) was a non-corporate body comprised of sectional owners, etc. for the management of the instant commercial building; and (b) on August 5, 2013, the Defendant completed the registration of ownership transfer on the 21st of the same month after falling short of 203 and 204; and (c) around February 10, 2014, E, the former owner of the instant commercial building 204, had completed the registration of ownership transfer under 203; (b) from August 2012 to July 2013, 2013, where E, who was the former owner of the instant commercial building 204, did not pay the management expenses; and (c) from August 8, 2013 to October 2014, the date of acquisition by the Defendant, the ownership of the instant commercial building 9,920,640 won and late 1,1363,160 won.

[Recognition] Facts without dispute, Gap evidence 1 through 8, Gap evidence 10, Gap evidence 13 through 17, Eul evidence 1 (including each number), the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the management expenses of 204, 18,840,240 (7,786,440 won 9,920,640 won) and the Plaintiff with additional 20% damages for delay per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 20, 2014 to the date of full payment, as the Plaintiff seeks.

2. Determination as to the defendant's counterclaim and counterclaim

A. The summary of the Defendant’s assertion is as to F and 203 commercial buildings of this case on September 20, 2013, and as to F and 203 commercial buildings of this case, F succeed to the loans of this commercial building, and the Defendant’s conclusion of the contract for electrical construction, etc. of this case (hereinafter “instant construction”) by October 30, 2013.

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