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(영문) 수원지방법원성남지원 2019.01.10 2017가단224400
기타(금전)
Text

1. The Appointor C shall be KRW 83,089,299; Defendant (Appointed Party) shall be KRW 9,232,144; and each of the above amounts shall be paid on November 2017.

Reasons

1. Basic factual basis

A. On February 28, 2014, the Defendant (Appointed Party) and the Appointed Party C (hereinafter “Defendant B”), and the Appointed Party C acquired ownership of the underground floor E (hereinafter “instant store”) among the underground floors E (the exclusive site size of 409.120 square meters; hereinafter “instant store”) among the 22th apartment and commercial buildings (hereinafter “instant commercial buildings”) located in Sungnam-si, Sungnam-si, through a compulsory sale by official auction on real property.

(Defendant B’s share 1/10, Defendant C’s share 9/10). (b)

The plaintiff is a management body that consists of employers, such as sectional owners and lessees of the commercial building of this case for the purpose of managing and operating the commercial building of this case.

C. Meanwhile, from February 201, F leased and used the instant store from the former owner of the instant store from February 201, and around February 28, 2014, F concluded a lease agreement with the Defendants and used the instant store.

F did not pay the management expenses during the lease period of the instant store, and after the lease period of the instant store ends on February 28, 2016, the Defendants did not pay the management expenses for the instant store.

On July 31, 2017 concerning the store of this case, the unpaid management expenses and late payment fees in the standard are as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the Defendants’ assertion is that the Plaintiff is not a management body consisting of all sectional owners of the instant commercial building, but is merely an organization consisting of some owners or lessees, etc., and thus cannot be deemed a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

B. Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings is established when the sectional ownership relation to the building is established.

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