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(영문) 수원지방법원 2020.01.30 2019나74652
양도채권금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim changed at the trial court, shall be modified as follows:

The plaintiff.

Reasons

1. Basic facts

A. The status of the parties (1) Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant D Co., Ltd. (hereinafter “Defendant D”) are a project proprietor who newly constructs and sells 13 and 594 units of A apartment located in Permitted-si G (hereinafter “instant apartment”). The Plaintiff is a council of occupants’ representatives organized pursuant to the former Housing Act (amended by Act No. 12959, Dec. 31, 2014; hereinafter the same) around June 2014 for the management of the instant apartment.

(2) After completion of the instant apartment on June 11, 201, Defendant B, Defendant C, and Defendant D entrusted H with the management of the instant apartment, and Defendant E (hereinafter “Defendant E”) acquired the instant apartment management business from H on May 20, 201, and managed the instant apartment.

(3) Subsequent to June 2014, a majority of prospective occupants was occupied and constituted by the Plaintiff. On December 1, 2014, the Plaintiff entrusted Defendant E with the management of apartment units, and Defendant E managed the instant apartment units from December 1, 2014 to November 30, 2016.

(4) I was the owner of the instant apartment J-ho, and F was the lessee who had resided in the said apartment.

B. During the litigation process on the unpaid management expenses of Defendant E (1), F resided in the instant apartment Jho Lake, and unpaid management expenses of KRW 9,733,080 from July 7, 2011 to October 31, 2013.

(2) On December 4, 2012, Defendant E filed a lawsuit against F to demand the payment of unpaid management expenses, and the judgment ordering F to pay money of KRW 10,947,940 and KRW 9,733,080 per annum from November 1, 2013 to the date of full payment (hereinafter “the instant bonds”) calculated by the ratio of 20% per annum from the date of full payment, as the Suwon District Court 2013Ga233, Suwon District Court, and the said judgment became final and conclusive on February 8, 2014.

(3) On the other hand, Defendant E is the Suwon District Court on May 24, 2013 against I.

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