logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.10.22 2014나1951
채무부존재확인
Text

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

The plaintiff's punishment against the defendant, 1,000,000 won.

Reasons

1. Basic facts

A. On May 31, 2012, the Plaintiff owned Gangdong-gu Seoul Metropolitan Government B Apartment 201, and sold the said No. 201 to C.

B. The Defendant, a council of occupants’ representatives of B apartment units consisting of 35 households, notified the Plaintiff of the payment of the management expenses on November 201 and December 201, 201, and demanded the Plaintiff to pay KRW 4,766,70 in total, with the notice on the payment of the management expenses, ① penalty imposed by the Defendant against the Plaintiff’s act of disturbing the order of life, ② KRW 688,100, and ③ KRW 50,000,000,000,0000,0000,0000,000,000,000,000 for external vehicles received by the Plaintiff.

In addition, the defendant considers the above 4,766,70 won as management expenses, and demands the payment of late payment of 953,354 won by applying 20% of the overdue rate in case of delinquency for one year or more.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 4-1 through 4, Eul evidence 2-1 and 2-2, the purport of the whole pleadings

2. Determination

A. As to the portion of KRW 3,00,000, the defendant's assertion 1), the plaintiff interfered with the lawsuit filed by the defendant against B apartment Si, etc. against the defendant, and damaged B apartment guard room lockeds more than six times, and the defendant arbitrarily collected the claim for management expenses incurred in the mail of each household, and then submitted the claim for management expenses prepared by the plaintiff, and collected 50,000 won from the neighboring residents who want to use B apartment parking lots as a general manager of the apartment, and collected 50,000 won as parking expenses. Accordingly, the defendant imposed the penalty of KRW 3,00,000 on the plaintiff in accordance with the apartment management rules established in accordance with the Seoul Special Metropolitan City Rules on Multi-Family Housing Management in accordance with the Rules on Multi-Family Housing Management, the plaintiff is obligated to pay the above penalty of KRW 4,5,15, and Article 75 of the B apartment management rules as a whole.

arrow