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1. The defendant B management body shall not take any short-term measures for each real estate listed in the separate sheet;
2...
Reasons
Basic Facts
On January 8, 2013, the Plaintiff is a person who acquired the ownership of each real estate (hereinafter “instant store”) listed in the separate sheet as of January 8, 2013 through an auction to exercise the security right, and the Defendant management body is an organization consisting of all sectional owners of the B Condominium located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant aggregate building”), and Defendant C Co., Ltd (hereinafter “Defendant C”) is a juristic person entrusted with the management of the instant building including the instant store by the Defendant management body as well as the imposition, collection, deposit, and use of management expenses.
From March 1, 2014, the Defendant managing body continued to take the measures of cutting electricity on the instant store on the grounds of the unpaid management expenses for the instant store, and suspended the measures of cutting electricity on November 9, 2016, where the instant lawsuit was pending.
Defendant C filed a lawsuit against the Plaintiff on March 13, 2014, seeking payment of unpaid management expenses of KRW 69,646,916 as Seoul East Eastern District Court 2014Gahap2813 and delayed payment damages. However, on August 26, 2015, the Seoul East Eastern District Court rendered a judgment that “the Plaintiff shall pay to Defendant C the delayed payment damages incurred from August 27, 2015,” citing only part of Defendant C’s claim on the ground that the Plaintiff was not obligated to pay management expenses incurred from March 26, 2014 to February 2015, the Seoul East Eastern District Court was finally binding on September 16, 2015.
(hereinafter “Prior Lawsuit.” On October 10, 2016, the Plaintiff deposited KRW 54,154,009 with the deposit officer of the Seoul Eastern District Court as the depositee and deposited KRW 54,154,00 as the unpaid management expenses and damages for delay pursuant to the said judgment.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 4, Gap evidence 11 and 12, and prior to the purport of the whole pleadings.