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(영문) 서울고등법원 2019.09.25 2018나2000440
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. The reasons to be stated in this case, such as the acceptance of the judgment of the first instance, are the same as the reasons for the judgment of the first instance, except where the defendant adds the judgment identical to that of the second instance as to the assertion that the defendant stressed or added again in this court, and thus, it shall be cited in accordance with the main sentence of

2. Additional determination

A. Whether the Plaintiff, a right holder of the 10th floor of the instant building, has a benefit in seeking confirmation of the absence of the obligation to pay management expenses for the 11th floor (i.e., the 10th floor), and the Plaintiff merely owns the 14.52/102 share of the 10th floor of the instant building. The 11th floor owners of the instant 10th floor and the 11th floor have concluded a lease contract on the 10th floor and the 11st floor under the name of the management association of the instant building and had the lessee pay management expenses to the Defendant if the 10th floor lessee did not pay management expenses. In light of the nature of the occurrence of management expenses and calculation method etc., the liability for management expenses for the 11th floor of the instant building should be borne by the 10th floor owner, and the Plaintiff, the ownership holder of the 10th floor, as well as the liability for management expenses related to the 111th floor to the 110th floor of the instant building. Therefore, the Plaintiff’s benefit of the 110th floor of the instant building is unreasonable.

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