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(영문) 부산지방법원 2019.01.17 2017나47212
관리비
Text

1. The Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit extended by this court and the Defendant (Counterclaim Plaintiff)’s counterclaim.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.

A. The Plaintiff’s establishment and designation of a market manager 1) The Plaintiff is deemed to be the Plaintiff’s establishment and designation of a market manager in Busan-gu Ddong or Edong (hereinafter “instant shopping mall”) and, if included in Fdong, the Plaintiff’s establishment and designation of a market manager.

(2) On January 20, 2015, the Plaintiff registered C in accordance with the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter “Korean Traditional Markets Act”) with the head of the Seo-gu Busan Metropolitan City Council on August 20, 2015 as a merchants’ association with the aim of developing the instant commercial building in accordance with the Framework Act on Cooperatives and revitalizing business districts.

3) Upon receipt of the Plaintiff’s application, the head of the Seo-gu Busan Metropolitan City: (a) designated the Plaintiff as the market manager of the instant commercial building on January 29, 2015 pursuant to Article 67(1) of the Traditional Markets Act and Article 14(2) of the Enforcement Rule of the same Act. (b) The Defendant acquiring the Defendant’s sectional ownership of the instant commercial building around September 2015, the Gdong H shop (hereinafter “instant store”).

On November 17, 2015, after renting the instant store, purchased the instant store with a special agreement for repurchase until November 17, 2016, and completed the procedure for the registration of ownership transfer in the name of the Defendant on the following day. [The fact that there is no dispute over the grounds for recognition, Gap's evidence Nos. 1 through 3, 16, 25 and Eul evidence No. 40-1]

2. The parties' assertion

A. Since the Plaintiff 1’s main shop located in the instant commercial building, the Plaintiff is obligated to pay the Plaintiff, who is the market manager of the instant commercial building, the sum of the management expenses and arrears from November 2015 to September 2018, as follows: (a) KRW 2,015,030; and (b) delay damages for KRW 1,675,50 of the management expenses.

Monthly management expenses in arrears 3,280 won 16,940 won 16,940 won on December 32, 2015,720 won 7,720 won on December 32, 2015,870 won 40,590 won on February 33, 2016, 8,160 won 8,160 won 42,730 won on February 33, 2016, KRW 42,140 won on March 33, 2016, KRW 850 won on March 33, 2016, KRW 41,970 on April 213, 2016, KRW 265, KRW 265, KRW 320 on May 32, 2016, KRW 305, KRW 300 on May 330, 2016; and

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