Text
1. Revocation of a judgment of the first instance;
The defendant shall pay to the plaintiff KRW 2,261,530 and KRW 1,884,630 among them on March 21, 2015.
Reasons
1. Facts of recognition;
A. On May 4, 2009, the Defendant entered into a contract for the supply of apartment units (hereinafter “instant sales contract”) that purchased B apartment units 202 and 402 units (hereinafter “instant apartment units”) from Ep-Pdidid Korea Co., Ltd. (hereinafter “Epddiddiend Korea”).
B. The sales contract in this case requires the buyer to bear management expenses regardless of whether the period from the day after the expiration date of the occupancy period designated by the non-party company. The non-party company completed the apartment in this case and then designated the occupancy designation period from June 18, 2010 to August 17, 2010 and sent a notice of occupancy guidance.
C. The Defendant did not follow the occupancy procedure, such as completing the registration of ownership transfer on the instant apartment after the expiration of the designation date for occupancy, and did not pay the management expenses (from August 18, 2010 to June 201) for the instant apartment to be paid to the Nonparty Company (from August 18, 2010 to June 201) (the date following the expiration date of the designation for occupancy to the date of expiration of the designation for occupancy to the date of expiration of the designation for occupancy to the sum of KRW 1,884,630 and the
On April 15, 2014, Nonparty Company transferred to the Plaintiff the management expenses claim amounting to KRW 2,261,530 against its Defendant, and notified the Defendant of the fact of transferring the said claims by mail by content-certified mail on May 2, 2014.
[Grounds for Recognition: Statement Nos. 1 through 11; Inquiries of the fact-finding on B apartment council at the trial; Purpose of the whole pleadings]
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who is the assignee of management expenses the above amount of KRW 2,261,530 and the 1,884,630 among them at the rate of 20% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from March 21, 2015 to the day of full payment, as requested by the plaintiff, as to the above amount of KRW 2,261,530.
If so, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with the conclusion different.