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(영문) 대전지방법원 2019.11.29 2018나111623 (1)
채무부존재확인의 조정신청
Text

1. The judgment of the court of first instance is modified as follows.

Plaintiff 1, who was involved in the fifth floor C of the Daejeon Sung-gu building B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The defendant is the management body of Daejeon-gu building B.

B. On May 16, 2017, the Plaintiff acquired ownership by fully paying the sales price for the 5th floor C among the above condominium buildings (hereinafter “instant partitioned buildings”).

C. On March 7, 2004, the registration of ownership transfer was completed in the name of D on October 10, 2007, E on October 10, 2007, F on May 24, 2013, and G on May 28, 2014.

E, F, and G (hereinafter referred to as "former sectional owner") did not pay the official management expenses for the instant sectioned building imposed by April 2017, as shown in the attached Table.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2-2, Eul evidence 4, the purport of the whole pleadings

2. As to the plaintiff's obligation to pay management expenses to the defendant

A. Of the Plaintiff’s counterclaim claim, the part concerning public management expenses after the Plaintiff acquired the ownership of the partitioned building of this case among the Defendant’s counterclaim claim, the first instance court did not accept the Defendant’s argument, and the Defendant did not appeal against this, so the above part is excluded from the subject of the judgment of this court.

① There is no obligation of common management expenses for the instant sectional owners before the Plaintiff should succeed to the section of this case.

The former sectional owners at the time of the ownership of the sectional building of this case constitutes a tort, and as a result, the previous sectional owners failed to use and benefit from the sectional building of this case.

② Even if the Plaintiff had the liability for the public management expenses under paragraph (1), the obligation for the public management expenses incurred before three years from May 16, 2017, which the Plaintiff acquired the ownership of the partitioned building of this case, was extinguished by prescription.

(3) Public management expenses, the extinctive prescription of which has not been completed,

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