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(영문) 서울중앙지방법원 2017.06.22 2016가단5291025
관리비등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by B;

Reasons

1. In full view of the basic facts Gap evidence Nos. 2 (including additional numbers), it is recognized that the defendant KEL Industry Development Co., Ltd. completed the registration of ownership transfer in the future of the defendant Han Asset Trust Co., Ltd. on June 23, 2004 with respect to the first floor Nos. 143, 147, 157, and 156 of the first floor, which are multi-unit buildings located in Sungnam-gu, Seongbuk-si, Sungnam-si, as to the above three partitioned sections, on June 23, 2004 (hereinafter "the above three partitioned sections").

2. The assertion and judgment

A. The plaintiff's assertion is a management body consisting of sectional owners A, an aggregate building in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and defendant KEL Industrial Development Co., Ltd. occupies it as a truster of the instant sectional building, and defendant Han Asset Trust Co., Ltd. is the owner as a trustee of the said sectional building.

On the other hand, the possessor of the partitioned building of this case bears the obligation to pay management expenses to the plaintiff, and if the possessor does not pay management expenses, the owner also bears the obligation to pay management

Therefore, although the Defendants were liable to pay the Plaintiff the management expenses of the instant partitioned building, they did not pay KRW 56,92,400 to October 2009 to December 2016 of the said partitioned building.

Therefore, the Defendants shall jointly and severally pay to the Plaintiff the unpaid management expenses of KRW 56,92,40 and the damages for delay calculated at the rate of 5% per annum under the Civil Act from January 26, 2017 to June 1, 2017 from the date following the date of the final payment due date until the date of the delivery of a copy of the application for modification of the purport of the claim and the cause of the claim, and the damages for delay calculated at the rate of 15% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from

B. B. Prior to the Plaintiff’s assertion on the merits, we examine ex officio the Plaintiff’s party ability.

The plaintiff is located in Seongbuk-gu, Sungnam-si.

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