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(영문) 부산지방법원동부지원 2016.03.31 2015가단5394
용역비
Text

1. The plaintiff's claim against the main defendant Pung forest industry corporation is dismissed.

2. Preliminary Defendant Co., Ltd.

Reasons

1. Determination as to the claim against the primary defendant

A. The Plaintiff’s assertion is the actual owner of the apartment complex of 14 households, such as the Dong and lake trees, located in 473, 15,00-gil-ro, Busan, and the ownership of the 14-generation apartment complex (hereinafter “the apartment of this case”) as indicated in the attached Form, among the Namcheon-gu, Busan, and the EXEM, or the joint project proprietor or the seller of the apartment of this case. The Plaintiff is the council of occupants’ representatives of the South EXEM, including the apartment of this case.

The defendant Pung Forest Industry is obligated to pay the management fees and late payment fees as of February 10, 2015, as shown in the attached Form, as of February 10, 2015 with respect to the apartment of this case.

B. Determination 1) First of all, in light of the health account and the overall purport of the pleadings as to whether Defendant Pung Forest Industry is the actual owner of the apartment of this case, it is acknowledged that the management fee for the apartment of this case was paid several times from the account of Defendant Pung Forest Industry from October 14, 2013 to November 28, 2014, but it is also acknowledged that the management fee for the apartment of this case was paid, and the evidence Nos. 2 and 4 (including the number of pages; hereinafter the same shall apply) is included.

In light of each description, the above facts alone are insufficient to see the Defendant Pung Forest Industry as the actual owner of the apartment of this case, and there is no other evidence to acknowledge it otherwise. 2) Next, each statement on whether Defendant Pung Forest Industry is the joint project proprietor or seller of the apartment of this case under the Housing Act and the Act on the Ownership and Management of Aggregate Buildings, and on whether Defendant Pung Forest Industry bears the management fee and late payment charge of the apartment of this case under the Housing Act and the Act on the Ownership and Management of Aggregate Buildings, and on the sole basis of each statement on the project implementation plan and construction contract, Defendant Pung Forest Industry has the status as the project proprietor or the seller of the apartment of this case.

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