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(영문) 의정부지방법원고양지원 2014.11.21 2014가단22249
관리비
Text

1. The defendant shall pay to the plaintiff the amount of KRW 35,966,030 and the amount of KRW 29,740,630 among them, which shall be paid in full from September 17, 2014.

Reasons

1. Facts of recognition;

A. On July 31, 2012, the Plaintiff entered into a collective management service contract with Nonparty C, the representative of the management body of Ildong-gu, Yongsan-gu B (hereinafter “instant building”) (hereinafter “instant management service contract”).

According to the instant management services contract, the management body of the instant building delegated the Plaintiff with the “the act of receiving the share of expenses and expenses for the management body’s clerical performance and the act of managing the said amount to the respective sectional owners.”

B. On July 27, 2011, Nonparty D entered into a lease agreement with Nonparty C with respect to the entire eight floors of the instant building, and thereafter, Nonparty D operated a day care store E in the entire eight floors of the instant building (hereinafter “the instant post care center”).

C. On January 3, 2013, Nonparty D entered into a sales contract with Nonparty F for the instant postnatal care center (hereinafter “instant sales contract”) and sold the instant postnatal care center to Nonparty F. On January 14, 2013, Nonparty D changed the proprietor of the instant postnatal care center to Nonparty D and the Defendant’s joint business proprietor.

The defendant is a convict of the non-party F, and the non-party F can not register the business of the postnatal care center of this case in its name and only lent the name of the business.

On December 31, 2012, Nonparty F and Nonparty D entered into a contract for the transfer of claim with Nonparty F to the effect that “the Nonparty D transferred the facility cost for the entire facilities of the instant postnatal care center and the E E E E store, and all rights and management rights accordingly.” On the same day, Nonparty D notified Nonparty C of the transfer of claim that “the Nonparty D transferred KRW 150,000,000,000 to Nonparty F of the lease deposit return claim against Nonparty C by means of content-proof mail,” and reached January 2, 2013.

Nonparty F, after the instant contract was concluded on January 14, 2013, was handed over by Nonparty F from January 14, 2013 to March 5, 2013.

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