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1. As to the buildings listed in the separate sheet among the instant lawsuits, between August 2016 and October 21, 2018.
Reasons
1. Basic facts
A. Busan House E, F, G, H, I, J, K, and L (hereinafter “instant apartment”) is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings. The Defendant is a council of occupants’ representatives organized to manage the instant apartment in accordance with the Housing Act.
B. M is the former owner of the instant apartment No. N (hereinafter “instant partitioned building”) and the Plaintiff (Appointed Party) and the Appointed D (hereinafter collectively referred to as “Plaintiffs”) are the owners of the instant partitioned building on August 22, 2018 and completing the registration of ownership transfer on the same day after winning a successful bid for the instant partitioned building during the voluntary auction procedure.
C. In accordance with the management rules of the instant apartment, the Defendant imposed management expenses of KRW 6,174,040 (the management expenses for the section for common use, KRW 2,585,305, the late payment charges of KRW 2,585,305, the late payment charges of KRW 875,160, and KRW 2,585,05, the combined payment charges of KRW 2,585,30, the management expenses for the section for common use, and KRW 2,585,30,05, the Plaintiffs paid the management expenses for the section for common use among the management expenses of the instant case on October 24, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 3, the purport of the whole pleadings
2. Examining the legitimacy of the management expenses for the section for common use of this case in the lawsuit of this case ex officio on the legitimacy of the management expenses for the section for common use of this case among the lawsuit of this case, there is a benefit of confirmation as a requirement for protection of rights in the lawsuit of this case. The benefit of confirmation is required to be immediately removed because there is an unstable risk in rights or legal status, and it is recognized only as the most effective and appropriate means to receive a confirmation judgment. According to the above evidence, the plaintiffs already paid the management expenses for the section for common use of this case and the defendant also paid the management expenses for the section