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The Defendant’s KRW 214,526,198 as well as KRW 5% per annum from November 5, 2015 to August 17, 2016.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit against Nonparty C (hereinafter “C”), and received a favorable judgment (Seoul Central District Court Decision 2014Da5215911) on December 23, 2014, and on January 8, 2015, the said judgment became final and conclusive and conclusive as is, against Nonparty C, with a claim based on the said final and conclusive judgment.
According to the above final judgment, Nonparty C is obligated to pay to the Plaintiff 150 million won with 5% interest per annum from July 11, 2007 to September 26, 2014, and 20% interest per annum from the next day to the day of full payment.
B. On the other hand, on April 28, 2015, the Plaintiff received a seizure and collection order (Seoul Central District Court 2015TT 9644) against the Defendant on the part of Nonparty C’s claim amount based on the amount of claim based on the above final judgment. The seizure and collection order was served on the Defendant around April 30, 2015.
C. In accordance with the Act on the Ownership and Management of Aggregate Buildings, the Defendant is a management body comprised of sectional owners of “B” in “B” located in Seocho-gu Seoul Metropolitan Government D (hereinafter “the instant commercial building”), and is leasing, operating, and managing the instant commercial building.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
2. As the Plaintiff sought the payment of the above collection amount, the Defendant also assumes the obligation to pay rent of KRW 378,271,513 to Nonparty C, as the judgment on the cause of the claim is that the Defendant is also the person.
3. Judgment on the defendant's defense
A. The Defendant’s defense is the executor in charge of the sale of the instant commercial building, etc., and the Defendant is obligated to pay KRW 57,934,602 to the Defendant for the management expenses for the year 2013, and KRW 138,631,891 to the Defendant for the shortage of management expenses for the year 2015.
In addition, some of the sectional owners of the commercial building of this case filed a lawsuit claiming the payment of rent against Nonparty C.