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(영문) 광주지방법원 2015.01.15 2014가단513112
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On November 28, 2012, the Plaintiff purchased No. 102-2 (hereinafter “instant real estate”) of the first floor of Seo-gu Seo-gu, Gwangju (hereinafter “instant real estate”) from the K non-real estate trust (hereinafter “K non-real estate trust”) through public sale procedures. The Defendant is the management body of the instant Btel, which is an aggregate building including the instant real estate.

The K non-real estate trust was entrusted on January 10, 2005 and completed the registration of ownership transfer. On November 1, 2012, the public auction procedure on the instant real estate was conducted, and the public auction notification on the instant real estate was issued on November 1, 2012.

Among the above public auction notices given by the K non-real estate trust, the key points of the public auction notices are as follows: “In order to participate in the auction, the contents of the rules on compliance of the participants in the public auction of trust property issued by us on the date of the public auction shall be approved.” Article 16 of the rules on compliance of the participants in the public auction of trust property provides that “The taxes and public charges (the relevant taxes, property taxes, management expenses, various charges, and other taxes and public charges) incurred for the goods for public auction, as well as the management expenses (water, electricity charges, etc.) shall be settled under

The Plaintiff approved the rules to observe the participants in the public auction of trust property, tendered for the auction procedure for the instant real estate, and was selected as a successful bidder. On November 28, 2012, the Plaintiff concluded a sales contract with the K non-real estate trust and completed the registration of ownership transfer on December 24, 2012.

The Plaintiff paid KRW 428,910 for the unpaid section for common use from May 3, 2012 to December 2, 2012 with respect to the instant real estate on April 3, 2013, but did not pay KRW 614,670 for the unpaid section for exclusive use from May 2012 to December 2012.

[Ground of recognition] A. A., 2, 3, 4, and Eul's evidence 1 and 2, and the plaintiff's whole purport of pleading is determined.

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