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(영문) 서울남부지방법원 2016.01.29 2015나51192
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is limited to KRW 381,850.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff, around September 2006, is a party to the instant apartment in case where the Yeongdeungpo-gu Seoul Metropolitan Government B apartment building (hereinafter referred to as “B apartment aggregate building”) is installed.

[Attachment 1] Apartments listed in [Attachment 1] list (hereinafter “instant 315”).

A) The apartment of this case is an apartment building with at least five floors used as a house and consists of at least 88 households under Article 2 Subparag. 2 of the Housing Act, B-dong (Ground floor 11, underground floor 11), C-dong (Ground floor 12, underground floor 12, underground floor 1) 156 households, D-dong (Ground 12 floor), 44 households, etc.

B. The heating system and the charge system of the apartment of the instant apartment are as follows: (a) as at the time of completion of 1977, the central heating system was designed to produce own heat from the boiler in the apartment and supply them to each household; and (b) as at the time of the completion of the heating system, the heating system was imposed according to the area of each household on the condition that the

After that, from June 13, 198, the apartment of this case was supplied with heat by the Korea District Heating Corporation from around June 13, 198, and changed the heating system by means of district heating, which is distributed from the mechanical room in the complex to each household.

In the case of district heating systems, in principle, the Korea District Heating Corporation imposes on the managing body the district heating heating charges, including basic charges (charges to be imposed monthlyly according to the contract area of households) and usage charges (charges to be imposed on the basis of the transaction volume limit installed by the business entity). The apartment management body (council of occupants' representatives) imposes on each household the charges imposed by the Korea District Heating Corporation according to the calculation method of the charges to be borne by each household (which is determined according to the management rules). The apartment of this case from the Korea District Heating Corporation.

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