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(영문) 제주지방법원 2014.05.22 2012가합3308
채무부존재확인
Text

1. The obligation to manage expenses in arrears to the defendant of the plaintiff A does not exceed KRW 4,968,236.

Reasons

1. Basic facts

A. Plaintiff A acquired ownership by fully paying the sale price on October 7, 2008 with respect to Etel No. 104 (hereinafter “instant officetel No. 104”) located in Jeju-si (hereinafter “instant officetel”), and Plaintiff B acquired ownership by receiving a decision to permit the sale of the instant officetel No. 2 (hereinafter “instant officetel No. 2”) on March 3, 2009 upon receiving a decision to permit the sale of the instant officetel No. 2 (hereinafter “instant officetel No. 2”). The Plaintiffs are married couple.

The defendant is a non-corporate association composed of sectional owners of the instant officetel including the plaintiffs.

B. The former owner F, etc. of the instant officetel Nos. 104 and 2 did not pay management expenses for a reasonable period. The Defendant demanded that the former owner pay all the management expenses in arrears when the Plaintiffs acquired the ownership of each of the said real estate. By October 3, 201, the Defendant took measures for cutting electricity and water for each of the said real estate by not later than October 3, 201.

C. The management expenses from the acquisition of each ownership to the date of the closing of argument in the instant case were fully paid.

Meanwhile, the Plaintiff donated 270.6/602.03 of the instant officetel No. 104 to the Incorporated Foundation, and on April 14, 2009, the registration of transfer of ownership (shares) was completed in the name of the Incorporated Foundation.

On December 2, 2013, the Incorporated Foundation transferred to the Plaintiff A all the claim for damages and the claim for the return of management expenses with respect to the Defendant equivalent to its share in the instant officetel No. 104, and notified the Defendant of the transfer at that time.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 3, 18 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The acquisition of ownership of real estate by voluntary auction regarding the claim for confirmation of non-existence of the non-existence of the management expenses and the debt in arrears by the plaintiffs is the original acquisition.

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