logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.13 2013가단321388
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) stated the “personal amount” column in the attached Form of the Management Fee Statement to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The defendant is a management body organized under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings") composed of sectional owners of Gangnam-gu Seoul Metropolitan Building (hereinafter referred to as "the Condominium Building").

The Plaintiff is a company that carries on the business of entertainment taverns, performance hall, etc. in the trade name of “A”, which is the owner of the instant aggregate building Nos. 2101 and B102 (hereinafter “instant partitioned building”), under the trade name of “A,” a corporation, the owner of the instant partitioned building.

The EXEiei(hereinafter referred to as the “EXEi(s)”) entrusted with the management of aggregate buildings by the Defendant imposed management expenses, such as the imposition of management expenses in attached Form from March 2013 to December 2014, with respect to the instant partitioned building, from March 2013 to the details of appropriation for payment.

[Based on recognition] The fact that there is no dispute, Eul's entry in the evidence of Nos. 15 through 19 (including the provisional number) and the fact that the defendant's whole purport of the pleading is recognized as to the defendant's cause of counterclaim claim, Article 3 (4) of the management rules that the management rules set forth by the defendant refers to the sectional owner, possessor, and user, and Article 11 (3) of the management rules provides that the owner, etc. shall bear monthly management expenses and special repair allowances necessary for the maintenance and management of the aggregate building.

In the management body meeting of the instant condominium, on February 27, 2014, a resolution was made to set the general management expenses of KRW 13,000 per square year, and the non-smoking fee in arrears as 24% per annum.

The Plaintiff paid KRW 27,092,150 in the aggregate of KRW 20,00,00 on April 30, 2014, and KRW 7,092,150 on July 16, 2014, and KRW 30,000 on May 30, 2014, as management expenses under subparagraph 201 below, and KRW 20,000 on June 18, 2014; KRW 30,252,290 on June 30, 2014; KRW 00,000 on June 30, 2014; KRW 9,222,980 on September 3, 2014; and KRW 74,475,270 on the aggregate of KRW 74,270 on the management expenses under subparagraph 201 below.

[Reasons for Recognition] Each entry of the evidence Nos. 15, 16, and 17 (including each number) and the purport of the whole pleadings.

arrow