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(영문) 부산지방법원 2016.04.15 2015나13819
임대료등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 16, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant on the third floor of the D building located in the Seodong-gu, Busan, with a deposit of KRW 20 million, the period of KRW 1,20 million, the monthly rent of KRW 2,200,000 (excluding value-added tax). On July 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with a deposit of KRW 15,00,000 for the same sixth floor of the building (hereinafter “instant building”).

B. According to the terms and conditions of the instant lease agreement, the Defendant, the lessee, is obliged to bear the management expenses, taxes and public charges, etc. following the use of the instant building.

C. On May 8, 2014, the Defendant filed a lawsuit against the Defendant for the payment of unpaid management expenses, 954,720 won, and damages for delay thereof, under the Busan District Court Decision 2014Da67263, May 8, 2014. The Defendant filed a lawsuit against the Defendant for the payment of unpaid management expenses, 954,720 won, and damages for delay.

6. 16. Mediation was concluded that the Defendant’s payment of unpaid management expenses in installments on three occasions to the D Management Body.

Article 95 of the Management Rules of the D Management Rules provides that “The notice of the payment of charges, such as management expenses, shall be paid jointly with the tenant owner under the responsibility of the owner of the property. The management office shall not participate in the joint and several payment obligor’s liability, etc.” The defendant still does not pay the unpaid management expenses for the building of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1-1-2, Gap 5, and 12-2, the purport of the whole pleadings

2. If the plaintiff's assertion did not pay the management expenses of the building of this case, the plaintiff, the owner of the building of this case, is liable to pay the unpaid management expenses, so the defendant paid the plaintiff the unpaid management expenses in advance at KRW 19,006,710.

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