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(영문) 수원지방법원안산지원 2017.10.17 2015가단100211
채무부존재확인
Text

1. From December 1, 2010 to December 2012, 2012, the real estate indicated in the separate sheet against the Defendant (Counterclaim Plaintiff) by the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the parties or may be acknowledged in full view of the statements in Gap evidence Nos. 1 to 6, Gap evidence No. 17, Gap evidence No. 20-1, 2, 3, and Gap evidence No. 21 (the above evidence is all the documentary evidence of this case) and the purport of the entire pleadings as a whole in the testimony of the witness C.

The plaintiff is the co-owner of the real estate listed in the separate sheet (hereinafter referred to as "the store in this case") among the 5th underground and the 7th above ground-based B buildings located in Ansan-si, Ansan-si, and is operating women's exclusive houses from November 2005 to November 1, 2005. The defendant is the management body of B building in the above B building, which consists of the defendant and the sectional owner of the building in B building including the defendant, and the tenant's electricity fee (such as the basic fee, the electricity fee (the electricity fee according to the use of electricity for each section for exclusive use), the joint fee (the electricity fee according to the use of electricity for the section for common use), etc.

B. The Korea Electric Power Corporation has imposed on the Defendant the electric utility fee calculated according to the volume of electric power used measured by the electric meters measuring the volume of electric power used in the entire building B, and the Defendant has imposed the electric utility fee for the section for exclusive use calculated according to the volume of electric power measured by the electric meters separately installed in each section for exclusive use on each section for exclusive use.

C. The Defendant, until November 2010, imposed the basic electricity fee and the common electricity fee (charges for common areas) in proportion to the area of the section for exclusive use (e.g., the method of imposition by type); and the electricity fee for the household (charges for exclusive use) on each section for exclusive use or each sectional owner in proportion to the volume of the electricity used by each section for exclusive use (e.g., the method of imposing the amount of electricity used); and the basic electricity fee (e.g., the amount of the common use fee) cannot be deemed the electricity fee for common use from December 2012 to the amount of

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