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(영문) 서울동부지방법원 2016.10.20 2015가단31033
청구이의
Text

1. The plaintiff's claim is dismissed.

2. On August 12, 2015, this Court

Reasons

1. Facts of recognition;

A. The defendant is a management body established by consisting of sectional owners of B apartment in Songpa-gu Seoul (hereinafter "the apartment in this case"), and the plaintiff is the owner of 205, 206 and 207 of the second apartment in this case (hereinafter "the apartment in this case") under the ground of the apartment in this case.

B. As to subparagraph 205 and 206, the Plaintiff became the owner by completing the registration of ownership transfer for the reason of sale on July 1, 2014 from the Sejong Real Estate Co., Ltd. (hereinafter referred to as “Seoul East District Court”) on August 29, 2014. As to subparagraph 207, the Plaintiff became the owner by purchasing the said subparagraph 207 and paying the sale price during the auction procedure for D's real estate in Seoul East District Court D's Seoul East District Court on September 16, 2014.

C. From 205 and 206 to November 28, 2006, E owned the same through completion of the registration of ownership transfer, and the ownership was transferred to F on December 17, 2012, 201, to the Plaintiff on August 29, 2014, and on August 2014, 205, subparagraph 4,56,910 won in the aggregate of the management expenses unpaid for the section for common use from February 2, 2012 to June 2013, and subparagraph 206 is KRW 4,03,970 in the aggregate of the management expenses unpaid for the section for common use from February 2, 2012 to May 2013.

G, the former owner of G, from April 201 to September 15, 2014, the aggregate of unpaid management expenses concerning common areas shall be KRW 18,179,020, as G, the former owner of G, did not pay management expenses.

The defendant filed an application with the plaintiff for the payment order of KRW 26,749,00 in total of management expenses (= KRW 4,566,910 in Seoul Eastern District Court KRW 4,566,910 in KRW 4,03,970 in KRW 18,179,020 in total) and its delay damages in order to claim the payment order against the plaintiff for the unpaid management expenses for the common areas succeeded to the plaintiff among the unpaid management expenses of the former owners related to 205,206,207 in Seoul Eastern District Court Decision 2015 tea890 in Seoul Eastern District Court, and the above court shall pay the defendant KRW 26,749,00 in total and the payment order with respect thereto from the day following the day on which the original copy of the payment order was served

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