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(영문) 수원지방법원안산지원 2016.04.07 2014가합1970
손해배상 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In the event that a party's status is Ansan-si, the business affairs of the 4th floor of the member-gu Seoul reinforced concrete structure sloping roof, neighborhood living facilities, education and research facilities and parking lots (B building; hereinafter "the instant commercial building") consists of three floors of underground floors, 36 units of the first floor, 36 units of the second floor, 12 units of the second floor, 13 units of the third floor, and 8 units of the fourth floor.

The Plaintiff is the owner of each real estate listed in the attached list among the instant partitioned buildings (hereinafter “instant partitioned building”) and the Defendant is the management body of the instant commercial building as prescribed by the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”).

B. The use and management progress of the instant partitioned building D acquired the ownership of the instant partitioned building, which was used as a bath on July 20, 2005, and leased it to E around December 2005.

E removed existing bathing facilities, heavy vibration occurs during the removal work, and part of the ceiling of the 2nd underground parking lot was broken, requested by the Defendant on December 26, 2013, and accordingly, the removal work was temporarily suspended and resumed.

E, in the instant partitioned building, the game room facilities were installed and operated on June 2006, and the inside construction was again suspended due to the lack of fire-fighting systems while installing and operating the call architecture facilities.

After purchasing the instant partitioned building from D, the Plaintiff completed the registration of ownership transfer of the instant partitioned building on January 15, 2007. From that time, there was a dispute over management expenses in arrears between D and the Defendant and management expenses incurred after acquiring the Plaintiff’s ownership.

On May 14, 2007, the Plaintiff paid KRW 24,911,100 to the Defendant as management expenses in arrears, and thereafter, the Defendant is the Plaintiff.

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