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(영문) 의정부지방법원 2017.02.10 2016가합51894
차임 등
Text

1. The Defendant: KRW 87,904,973 to Plaintiff A and KRW 6% per annum from April 23, 2016 to February 10, 2017; and

Reasons

1. Basic facts

A. The two main cities C commercial buildings (hereinafter “instant commercial buildings”) are the aggregate buildings of the second and the seventh floor above ground, consisting of approximately 300 divided stores, which are the object of sectional ownership, and the Plaintiff C commercial buildings are the companies established for the purpose of housing construction business, etc., and the Defendant is a company established for the purpose of real estate lease and sale business, etc.

B. On October 2, 2003, the Plaintiff Sambu Co., Ltd. (hereinafter “Plaintiff Sambu”), as the contractor of the instant commercial building, completed the said building, and registered the preservation of ownership on October 2, 2003. On June 18, 2013, Plaintiff A made a registration of the transfer of ownership on the grounds of sale of the said 27 stores listed in [Attachment 1] out of the instant commercial building (hereinafter “instant store” by attaching numbers according to the sequence in attached Table 1, and the said 27 stores together referred to as “each of the instant stores”).

Plaintiff

A on September 25, 2013, each of the instant stores was registered as the location of the place of business and registered as a real estate rental business.

C. The Defendant (hereinafter “Defendant”) is the sectional owner of the 132 stores among the instant commercial buildings since the Plaintiff acquired the ownership of the said 27 stores from the date when the Plaintiff acquired the ownership of the said 27 stores.

Plaintiff

On December 31, 2013, A completed the registration of ownership transfer for the instant 8 stores on the grounds of sale to E, and completed the registration of ownership transfer for the remaining stores other than the instant 8 stores among each of the instant stores on December 16, 2015 to YY-dong Co., Ltd. on December 16, 2015.

E. On September 18, 2014, the management body of the instant commercial building filed a lawsuit against the Plaintiffs seeking payment of unpaid management expenses and maintenance and repair expenses of each of the instant stores owned by the Plaintiffs in sequence (hereinafter “management expenses, etc.”), including management expenses and maintenance and repair expenses (Seoul District Court 2014Gahap7695), and the said court on January 13, 2017.

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