beta
Text
1. As to KRW 265,00,000 among the Plaintiff and KRW 250,000,000 among them, the Defendant shall start from March 31, 2015 to May 16, 2016.
Reasons
1. On November 20, 2015, the Plaintiff: (a) obtained a successful bid in the sale process by voluntary auction, and completed the registration of ownership transfer, as to the building Nos. 401, 402, 403, and 501 on the fourth floor of the building on land other than C and 1, which were owned by the Defendant (hereinafter “instant building”).
The Plaintiff succeeded to the delinquent management expenses for common areas in arrears by the Defendant under Article 18 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “instant management expenses”). On March 30, 2015, the Plaintiff paid KRW 250,000,000 among the delinquent management expenses, and KRW 15,000,000 among the delinquent management expenses on June 15, 2016 to the D Building Owner’s Representative Meeting.
Therefore, the Plaintiff acquires the right to indemnity against the Defendant, and at the same time, may subrogate the Defendant’s right to the Defendant at the D Building Owner’s Meeting pursuant to Article 481 of the Civil Act. As such, the Defendant is obligated to pay the Plaintiff KRW 265,00,000 and interest or interest interest interest thereon.
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable Act;
3. If so, with respect to KRW 265,00,000 and KRW 250,000 among them, the Defendant acquired 5% per annum from March 31, 2015 to May 16, 2016, the delivery date of a copy of the instant complaint, from March 31, 2015, by the Plaintiff.
In addition, the Plaintiff and the Defendant are jointly and severally liable with the Plaintiff on January 14, 2010 (see, e.g., Supreme Court Order 2009Da196, Jan. 14, 2010).
As such, (see, e.g., Supreme Court Decision 2009Da32409, Aug. 20, 2009). The Plaintiff may claim the amount exempted to the Defendant and the statutory interest thereon after the date of exemption.
(See Supreme Court Decision 96Da54232 delivered on April 8, 1997). Definition; 15% per annum from the following following day to the date of full payment; 15,000,000 won per annum from the next day to the date of full payment.