Text
1. Revocation of a judgment of the first instance;
The defendant shall pay to the plaintiff KRW 2,207,290 and KRW 1,839,430 among them on March 21, 2015.
Reasons
1. Facts of recognition;
A. On May 6, 2009, the Defendant entered into a contract for the supply of apartment buildings (hereinafter “instant contract for sale in lots”) that purchased from the same soil (hereinafter “the same soil”) the Hansi District B complex 206 dong 1001 (hereinafter “the instant apartment complex”) from the same land (hereinafter “the same land”).
B. The sales contract in this case requires the buyer to bear management expenses regardless of whether the apartment house in this case is located from the day after the expiration date of the occupancy period designated by the same soil, and the same soil building completed the apartment house in this case and then designated the occupancy designation period from June 18, 2010 to August 17, 2010 to send a written guidance of occupancy.
C. The Defendant did not follow the occupancy procedure, such as completing the registration of ownership transfer on the instant apartment after the expiration of the designation date for occupancy, and did not pay the management expenses (from August 18, 2010 to June 201) for the instant apartment to be paid for the same lot (from August 18, 2010 to June 201), 1,839,430 won, and its late payment charges, totaling 2,207,290 won.
On April 15, 2014, the same case transferred to the Plaintiff the management expenses claim amounting to KRW 2,207,290 against his/her Defendant, and notified the Defendant of the fact of the assignment of the said claims by way of content-certified mail on May 2, 2014.
[Ground of recognition] Gap evidence Nos. 1 through 3, evidence Nos. 8 through 10, fact-finding results to the council of occupants' representatives B in the trial, and purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff as the assignee of management expenses the above amount of KRW 2,207,290 and 1,839,430 among them at the rate of 20% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from March 21, 2015 to the day of full payment, as requested by the plaintiff.
If so, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with the conclusion different.