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(영문) 서울중앙지방법원 2016.05.12 2015가단5320261
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 11,757,600, to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3 (including paper numbers), Eul evidence Nos. 4 and 8 (including paper numbers), the results of the request for appraisal of the balance as a technical corporation of this Court, and the overall purport of the arguments.

On April 21, 2004, the Plaintiff and C completed the registration of ownership transfer based on the sale on March 20, 2004 with respect to 1/2 shares of each of the B apartment No. 401, Seoul, Gwanak-gu, Seoul Special Metropolitan City, on April 21, 2004, and on September 17, 2009, C’s share in the above 401 was transferred to the Plaintiff.

(hereinafter the above B apartment is referred to as "the apartment of this case"). B

The defendant is an autonomous management organization established by the owners of the apartment of this case for the management of the apartment of this case, and it is an organization that has established and collected management expenses, and deliberated and decided on the maintenance of the common area, incidental facilities, welfare facilities, remuneration and safety management

C. According to the management rules of the defendant, the late payment charges of 10% per month shall be paid in addition to the delayed payment of management expenses, the management expenses set by the defendant shall be KRW 36,00 per month, and the date of payment shall be the 27th of the following month.

In the ceiling of the apartment of this case Na-dong 401, the rain water is generated. The rainwater, which flow into the cracks of the outer wall of the apartment of this case, flows into the lower part through the cracks of the above apartment Na-dong 401, Na-dong Na-dong 401.

E. From May 2010 to March 2016, the Plaintiff did not pay management expenses of KRW 36,000 per month from May 2010, and the principal of the unpaid management expenses is KRW 2,556,00, and the late payment charges calculated by the ratio of 10% per month to KRW 9,201,60.

2. The assertion and judgment

A. The defendant, who is the autonomous management body of the apartment of this case, is obligated to perform the duties of maintaining, repairing, and safely managing the above apartment common area and incidental facilities.

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