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(영문) 서울중앙지방법원 2016.10.27 2013가단75036
청구이의
Text

1. The Defendant’s payment order against the Plaintiff on August 1, 2012, the Seoul Central District Court 2012 tea 51982 management expenses case.

Reasons

1. Basic facts

A. The plaintiff is the sectional owner of Jongno-gu Seoul Metropolitan Government 2-119, and the defendant is the management body of the above commercial building.

B. The Defendant filed a claim against the Plaintiff for payment of the unpaid management expenses and late payment charges totaling KRW 4,265,200 from November 29, 2004 to February 29, 2012, and statutory delay damages therefrom. The above court accepted the Defendant’s application and issued the payment order to the Plaintiff on August 1, 2012, and issued the payment order to the Plaintiff on December 20, 2012.

[Ground of recognition] Facts without dispute, Gap 1, the purport of the whole argument

2. The plaintiff asserts that the defendant's claim for management expenses has expired by the expiration of the three-year extinctive prescription, simultaneously with the dispute over the details and amount of management expenses. In the case where the plaintiff asserts that the defendant's claim had not been constituted in the lawsuit of objection, the plaintiff is liable to prove

The defendant did not submit any evidence to acknowledge the establishment of management expenses claim and its time. (Supreme Court Decision 2010Da12852 Decided June 24, 2010).

Therefore, compulsory execution based on the above payment order against the plaintiff should not be permitted.

3. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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