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(영문) 수원지방법원 2015.08.28 2015나2949
관리비
Text

1.On the basis of the selective claims added in the trial, the judgment of the first instance court shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization composed of sectional owners, etc. for the management, etc. of Suwon-si A Apartment, and the Defendant purchased the above apartment No. 707 and 801 (hereinafter “instant apartment”) in the auction procedure of Suwon-si District Court C real estate auction around December 2013 and completed the registration of ownership transfer.

B. The circumstance that the former tenant of the instant apartment was the tenant of the instant apartment on March 2, 2014 was transferred from the instant apartment, and the Defendant was the same month.

5. The apartment was transferred to the instant apartment.

C. After moving into the instant apartment, the Defendant paid all KRW 450,830 of the management expenses imposed on the instant apartment on March 2014, and KRW 380,390 of the management expenses for the portion on April 2014, and KRW 284,270 of the management expenses for the portion on May 12, 2014 within each payment period. On January 12, 2015 and February 2, 2014, the former tenant, etc. paid KRW 133,460 for the payment of the management expenses for the section for common use among the management expenses for common use.

On the other hand, the Plaintiff imposed KRW 480,930 as management expenses for the apartment of this case on December 2, 2013, KRW 618,810 as management expenses for the divided portion on January 2014, and KRW 359,610 as management expenses for the divided portion on February 2014. The former lessee or the former owner of the apartment of this case did not pay all the above management expenses and the late payment charges, and the total amount of management expenses for the common area is KRW 416,150.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 4, 6, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1: (a) the former lessee of the instant apartment without settling accounts of approximately KRW 1.5 million for unpaid management expenses of the instant apartment; (b) the Plaintiff’s employees was prevented; (c) the Defendant asserted that the new owner of the instant apartment would settle the unpaid management expenses of the former lessee by March 3, 2014; and (d) the former lessee would be allowed to move to the former lessee by concluding an agreement that the former lessee would substitute for unpaid management

Since then, ① 450,830, ② 380,390, ③ 284,270 won paid by the Defendant.

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