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1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.
2. The Defendant’s KRW 67,262,880 for the Plaintiff and its related expenses.
Reasons
1. Basic facts
A. The Plaintiff is a management body that is responsible for the management of the building of the 3rd underground and the 8th floor “A” located in Yeonsu-gu Incheon Building, which is an aggregate building, and the Defendant is the owner of the 201 commercial building of the above “A” building (hereinafter “instant commercial building”).
B. From August 2010, the Defendant leased the instant commercial building to D and had D operate the restaurant in the instant commercial building. Around November 16, 2012, the Defendant filed a lawsuit against D for the instant commercial building name map against D and received the order from D on November 16, 2012, and operated the instant commercial building “E” restaurant in the instant commercial building.
C. As between August 2010 and November 16, 2012, D had not paid management expenses of KRW 47,553,220 for operating a restaurant in the instant commercial building. The management expenses that the Defendant had not paid since November 16, 2012 are KRW 19,709,660.
Meanwhile, the Plaintiff’s management rules (hereinafter “instant rules”) contain the following contents.
§ 2(3) The term "user" means an employer (user) who has no sectional ownership. 4) The term "owner, etc." means a sectional owner and lessee.
(b) Article 10
3. Where a sectional owner lends his section of exclusive ownership, he shall be liable to pay management expenses, etc. to the relevant employer;
However, if an auction or user is delinquent, the special successor or sectional owner shall bear it.
(b) Article 48.
2. Where the owner, etc. fails to pay management expenses, etc., the management entity may issue a reminder.
3. The following measures may be taken against a household that fails to pay the user fees, etc. included in the management expenses even after the management entity has issued a reminder:
1) The suspension of water supply 1) The suspension of water supply 1) The fact that there is no dispute about the grounds for recognition, the entries in Gap evidence 1 through 5, and the purport of the whole pleadings
2. As to the instant lawsuit, a request for confirmation is made.