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(영문) 전주지방법원 2020.10.28 2020나4273
관리비
Text

1. The judgment of the first instance court is modified upon a claim that has been changed in exchange at the trial as follows.

The plaintiff.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer on May 19, 2016 with respect to D Building E (hereinafter referred to as the “instant building”) of the Jeonsan-gu Seoul Special Metropolitan City, and the said subparagraph “instant E,” and the Defendants completed the registration of ownership transfer on March 15, 2017, respectively.

B. On June 9, 2017, C concluded a contract for the maintenance and management of buildings (hereinafter “instant contract”) with the Plaintiff to entrust the maintenance and management of the instant building and pay service fees to the Plaintiff, as the owner of the instant building.

C. The Plaintiff performed the said duties from June 2017 to June 2019.

The Defendants did not pay the sum of KRW 14,397,587 for the management expenses of the instant E during the said period.

[Ground of recognition] Unsatisfy, Gap's statements (including additional numbers) in Gap's 1 to 4, 7 through 14, the purport of the whole pleadings

2. Judgment on the plaintiff's primary claim

A. As long as the Defendants did not pay the management expenses under subparagraph (e) of this case, C, the owner of this case and the seller of this case, shall pay them on behalf of the Plaintiff. As such, the Plaintiff paid them on behalf of the Plaintiff, the Plaintiff has a claim for return of unjust enrichment equivalent to KRW 14,397,587, and a claim for service charges equivalent to KRW 1,033,043 (the part regarding subparagraph (e) of this case) based on the contract of

In addition, C is in the position of managing the above building as the seller of the building in this case before the organization of the management body, and C has a claim equivalent to KRW 14,397,587 and service charges of KRW 1,033,043 against the Defendants.

Therefore, the Plaintiff seeks payment of the above delinquent management expenses of KRW 14,397,587 and service expenses of KRW 1,033,043 on behalf of the Defendants in total, KRW 15,418,630.

B. We examine ex officio the legitimacy of this part of the lawsuit.

When the creditor subrogates the debtor, he shall have the right to the debtor to be preserved by subrogation.

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