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(영문) 의정부지방법원고양지원 2017.06.16 2016가단15511
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 67,00,000 as well as 15% per annum from July 8, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a management body consisting of sectional owners of the building A located in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “instant commercial building”).

B. D on October 1, 2007, among the instant commercial buildings, Nos. 6, 7, 9, and 10 (hereinafter referred to as “each of the instant stores”) of B B from among the instant commercial buildings are purchased at the auction procedure, and completed each registration of ownership transfer.

C. The Plaintiff filed a lawsuit against D to claim management expenses for the instant stores and the instant commercial buildings Nos. 2013da35996, which became final and conclusive on Nov. 21, 2014. On October 31, 2014, the Plaintiff sentenced D to the judgment that “D shall pay to the Plaintiff 71,770,000 won and interest at the rate of 20% per annum from September 3, 2013 to the date of full payment,” and the said judgment became final and conclusive on Nov. 21, 2014.

D. Voluntary auction procedure was conducted for each of the instant stores owned by Jung-gu District Court Goyang Branch E, and the Defendant purchased Nos. 6, 7, and 9 and 10, respectively, from among the instant stores on September 3, 2014 and completed the registration of ownership transfer on December 17, 2014.

E. On January 15, 2015, the Plaintiff drafted a written agreement with the Defendant on the unpaid management expenses of each of the instant stores (hereinafter “instant agreement”) as follows.

1. The defendant and the plaintiff limit the unpaid management expenses for the above stores to KRW 85,00,000 until December 2014

C. 2. The Defendant paid KRW 15,000,000 to the Plaintiff on January 15, 2015, and paid KRW 70,000,000 to the Plaintiff in 1,50,000 for the last day of February 2015 (each 30th day).

3. If the Defendant has not paid the monthly payments (1,500,000 won) under paragraph 2 above two times or more, the Defendant shall be subject to the above-mentioned decision on the remaining unpaid management expenses (2013da35996).

Special matters: It is out of a lawsuit that deducts unpaid management expenses from unpaid management expenses.

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