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(영문) 울산지방법원 2014.10.02 2013가합7772
특별수선충당금
Text

1. The Defendant shall pay to the Plaintiff KRW 564,955,024 as well as 20% per annum from November 6, 2013 to the full payment day.

Reasons

1. Basic facts

A. On May 8, 2001, Pyeongtaek Ho Construction Co., Ltd. (hereinafter referred to as the “Gangsan Construction”) obtained the approval of the project plan for the new construction of the 13-dong 827 households (28 square meters, 119 households, 32 square meters and 708 households) from the head of the north-gu, Ulsan-gu, Ulsan Metropolitan City on the 115 Blsan-dong 1-1 unit on the 115 Blsan-dong, Ulsan-gu, Ulsan Metropolitan City (hereinafter referred to as the “instant apartment”), and has managed the said apartment as a rental business operator under the Rental Housing Act after obtaining a completion of use inspection as a rental house on November 20, 203.

B. On December 26, 2006, Pyeongtaek Ho was treated as bankruptcy due to financial difficulties, and on April 25, 2008, was declared bankrupt by the Seoul Central District Court 2007Hahap68, and on the same day, the Defendant was appointed as the trustee in bankruptcy.

C. The lessee of the instant apartment has obtained approval for conversion for sale in lots under the Rental Housing Act after the expiration of the mandatory rental period, and completed the registration of ownership transfer for the instant apartment on or around June 2013. The Plaintiff, a council of occupants’ representatives of the instant apartment, constituted the Plaintiff, and reported this to the head of Ulsan Metropolitan City North Korea-gu, Ulsan Metropolitan City, and received notification from the head of the Gu on August 27, 2013.

The Plaintiff was transferred by the Defendant the management right of the instant apartment around August 22, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The entry in the attached Form of the relevant Acts and subordinate statutes;

3. The parties' assertion

A. The Defendant, the rental business operator of the apartment of this case, is obligated to accumulate special repair reserve funds pursuant to Article 31(1) of the Rental Housing Act.

In addition, since the plaintiff is the council of occupants' representatives of the apartment of this case converted for sale after the mandatory rental period, the defendant is obligated to transfer the special repair reserve to the plaintiff from November 20, 2004 to August 21, 2013 pursuant to Article 31(2) of the Rental Housing Act.

B. Defendant 1 is not a rental business operator.

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