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(영문) 대전지방법원 2017.03.23 2016가단8746
채무부존재확인
Text

1. The plaintiff's defendant as to the 354th floor of the D Motor Vehicle Sales Center and one parcel between the plaintiff and the defendant, Daejeon U.S. C.

Reasons

1. Basic facts

A. On May 11, 2015, the Plaintiff purchased the instant building and acquired its ownership in the auction procedure with respect to the 354th floor (hereinafter “instant building”). The Defendant is the managing body of the instant aggregate building (D Motor Vehicle Sales Center; hereinafter “instant aggregate building”) to which the instant building belongs.

B. The former owners of the instant building did not pay management expenses concerning the instant building to the Defendant from November 2008 to July 2012 and from July 2014 to the time the Plaintiff acquired the ownership of the instant building.

Accordingly, on October 3, 2014, the Defendant held a public management committee and decided to take measures against the instant building on the grounds that the management expenses for the instant building were overdue, and taken the measures to cut down the instant building.

C. After the Plaintiff acquired the ownership of the instant building, the Defendant demanded the Plaintiff to pay management expenses, including the unpaid management expenses, to the Plaintiff. The Plaintiff did not pay management expenses incurred after the Plaintiff acquired the ownership while disputing the unpaid management expenses by the former owner.

On September 3, 2015, the defendant decided to maintain the short-term measures on the ground that the plaintiff did not pay management expenses concerning the building of this case.

E. On February 26, 2016, the Defendant paid to the Plaintiff totaling KRW 32,825,290 of management expenses and late payment fees from November 2008 to January 2016, but paid to the Plaintiff by March 15, 2016, and sent to the Plaintiff content-certified mail that is expected to be provisionally seized at the time of arrears.

F. On March 5, 2016, E, the Defendant’s representative, took measures to cut electricity and water before acquiring the instant building, and the former owner said that he/she would resolve the unpaid management expenses.

G. The instant case.

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