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(영문) 의정부지방법원 2015.01.16 2014가합52183
특별수선충당금등청구의소
Text

1. The Defendant’s KRW 6,287,983 as well as the Plaintiff’s annual rate of 5% from May 30, 2014 to January 16, 2015.

Reasons

1. Basic facts

A. Sub-Decree Co., Ltd. (the part of the housing project operated by the above company on December 30, 2009 was divided and the defendant was established; hereinafter, regardless of whether before or after the division, Defendant, regardless of whether it was before or after the division), newly constructed and sold 938 apartment units (23 square meters, 338 square meters, 32 square meters, 600 households, hereinafter “the apartment units in this case”) on the ground of Dongducheon-si 714-2, Dongcheon-si, Ycheon-si, 200, 938 apartment units (13 square meters, 238 square meters, 32 square meters, hereinafter “the apartment units in this case”). The

B. On October 23, 2002, the Defendant obtained the approval of the project plan for the new construction of the instant apartment from the Dongducheon City.

C. Around September 2004, the Defendant completed the instant apartment and undergone a pre-use inspection on October 26, 2004, and applied for approval of conversion for sale in lots on September 30, 2009 among the rental business operators under the Rental Housing Act who managed the instant apartment, and entered into a conversion contract for sale in lots with 183 households from October 15, 2009 to October 20, 209, with the approval of conversion for sale in lots on September 30, 2009, and determined the remaining payment period within 30 days from the date of the contract to October 28, 201, and concluded a conversion contract for sale in lots with respect to the remaining 417 households from the date of the contract to the date of sale in lots from November 29, 2011 to December 3, 2011 to the date of payment in lots from December 31, 2011 to the date of the contract.

On July 2, 2012, the Defendant transferred the management of the instant apartment to the Plaintiff, and transferred KRW 17,12,003 in total of the reserves for long-term repairs collected from 32 square meters converted from February 2, 2012 to 600 households converted for sale in lots among the instant apartment from February 2, 2012.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, 5 through 7 (including branch numbers if there is a tentative number; hereinafter the same shall apply)

written statements, arguments, and arguments, of the evidence of sub-paragraph (1) to (8) of this paragraph.

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