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(영문) 서울남부지방법원 2015.05.01 2015나1173
관리비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff is the managing body of the building indicated in the attached list (hereinafter “instant building”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion is the lessee of the instant building, and the Defendant occupied and used the instant building from May 2012 to April 2014, and did not pay management expenses. Therefore, the Plaintiff is obliged to pay KRW 2,514,400 in total for the management expenses during the said period.

3. According to the evidence Nos. 4, 1, and 2 of the judgment of the court below, the defendant leased the building of this case from the building owner C on June 20, 2002 as the lease deposit amount of KRW 64 million, the lease period of KRW 12 months from July 20, 2002, and the lease period of the building of this case from July 20, 2002. The court of Seoul Southern District Court (2005Gadan9733) filed a lawsuit against C to claim the return of the lease deposit upon the termination of the lease contract, and obtained a favorable judgment on July 12, 2005. On August 19, 2005, the court of Seoul Southern District Court (2005Kaga27499) received the house lease registration order and completed the house lease registration on September 13, 2005 based on the above order.

However, the above facts alone are insufficient to recognize that the defendant continuously occupied and used the building of this case from May 2012 to April 2014, and there is no other evidence to acknowledge it.

4. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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