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(영문) 인천지방법원 2017.07.18 2016가단230279
채무부존재확인
Text

1. The Plaintiff’s obligation stated in the separate sheet against the Defendant does not exist beyond KRW 6,021,332.

Reasons

1. Facts of recognition;

A. On May 26, 2016, the Defendant is a management body managing the Seoul Southern-gu B Commercial Building, etc., and on May 26, 2016, the Plaintiff acquired the ownership of the said building No. 304 (hereinafter “instant store”) on the ground of voluntary auction.

B. Of the obligations listed in the attached list, the delinquent management fees for common areas that the Plaintiff succeeded and borne by the Plaintiff are KRW 12,112,997 in total.

(C) there is no dispute.

The Plaintiff filed an application for provisional injunction against the Defendant with the Incheon District Court 2016Kahap242, and received a decision of acceptance from the said court on September 26, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3 evidence, Eul's 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion 1) acknowledged that the delinquent management expenses for common areas that the plaintiff succeeded from the non-party C, the former owner of the instant store, were 12,12,97, but the defendant asserted that the delinquent management expenses for common areas that the plaintiff succeeded from the former owner of the instant store did not use the instant store from May 26, 2016 to October 26 of the same year when the defendant cancelled the replacement, thereby causing damage to the amount equivalent to the rent during the above period. Thus, if the defendant's delinquent management expenses for common areas against the plaintiff are offset against the damage claim for the above illegal acts against the plaintiff's damages against the defendant, the amount of the debt owed by the plaintiff to the defendant is merely 6,021,332 won, and thus, the defendant's assertion that the attached list does not exist beyond the above amount. The defendant's claim that prior to the acquisition of ownership, the defendant provided that the plaintiff was aware that the delinquent management expenses were suspended due to the suspension of the ownership of the instant store.

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