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(영문) 부산지방법원동부지원 2020.02.14 2019가단208542
채무부존재확인
Text

1. From December 2010, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) regarding the Busan Shipping Daegu B building and C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The defendant is the management body of the aggregate building B of the third underground and the tenth ground in Busan Shipping Daegu D.

B. On July 10, 2018, the Plaintiff purchased 7th floor C of the above aggregate building (hereinafter “instant real estate”) in a voluntary auction procedure and acquired its ownership.

C. Around December 2018, the Defendant notified the Plaintiff of the payment of KRW 93,043,490 in arrears from December 2010 to July 10, 2018, as well as KRW 172,043,610 in the aggregate of KRW 78,089,480 in arrears and its late payment charge until January 15, 2019.

General management expenses, repair and maintenance expenses, building safety diagnosis expenses, elevator maintenance expenses, disinfection expenses, fire insurance premiums, fire safety insurance expenses, basic heating expenses, expenses for the maintenance of a mutual aid season, cleaning expenses, cleaning expenses, cleaning expenses, E/V electricity expenses, long-term repair appropriation expenses, basic electricity charges, common electricity charges, cooperative electricity charges, and common waterworks charges for the period from July 2015 to June 2018 are as shown in the attached Form, and the total sum is 30,742,100 won.

E. The Plaintiff is paying the Defendant the management expenses incurred from July 2018, which acquired the ownership of the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is that the former owner succeeds only to the management expenses for common areas, the special successor of the instant real estate, the former owner of which was overdue. Of the management expenses imposed on the Plaintiff on or around December 2018, the Defendant’s total amount of KRW 172,043,610, the management expenses for common areas succeeded to the Plaintiff is merely KRW 8,912,640, and there is no liability in excess.

B. The plaintiff's assertion is the special successor to the real estate of this case, and the management rules under Article 18 and B of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").

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