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(영문) 서울중앙지방법원 2019.04.03 2018나35737
관리비
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff, from around 2005, managed an aggregate building of 10 floors in the name of “E” (hereinafter “the instant aggregate building”) under the name of “E”, which was constructed on one parcel, from around 2005, as a company operating the building comprehensive management business, etc., and imposed and collected monthly management expenses on the owners of the partitioned buildings.

B. On September 11, 2012, the registration of ownership transfer was completed in the name of the Plaintiff with respect to F Co., Ltd. among the instant condominiums (hereinafter “instant condominiums”).

C. Thereafter, on the grounds of sale on March 14, 2014, the transfer registration of ownership in the instant commercial building was completed on April 7, 2014 in each 1/2 shares in G and H’s name.

On the other hand, regarding the instant commercial building, on September 27, 2012, the establishment registration of a mortgage-mortgage-holder corporation I (hereinafter “I”) was completed with the maximum debt amount of KRW 240,000,000,000,000, which the debtor is the Plaintiff. On October 1, 2014, the instant commercial building was sold to Defendant B on November 17, 2015, and thereafter, on January 4, 2016, the registration of ownership transfer was completed under the name of Defendant C on January 11, 2016 with respect to the share of KRW 5,00 among the instant commercial building on the ground of donation on January 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1, 3, 4, 19, 20, 39 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion that the Defendants were entitled to ownership of the instant commercial building from May 201 to November 201, 2015, G and H, the former owner from May 2014 to November 201, KRW 5,539,900, the Defendants, who succeeded to the unpaid management expenses, are obligated to pay the unpaid management expenses to the Plaintiff, the manager of the instant condominium building, the unpaid management expenses, KRW 5,539,90, and damages for delay stated in the purport of the claim.

B. The Defendants’ assertion 1) The Plaintiff, a business entity of the instant aggregate building construction, J. (hereinafter the same).

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