(영문) 서울동부지방법원 2016.09.06 2016가단494

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(영문) 서울동부지방법원 2016.09.06 2016가단494

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1, 2, and 3, and purport of the whole pleadings);

A. The Plaintiff is the owner who completed the registration of ownership transfer on the same day on September 24, 2015 for B apartment No. 202 of Seongdong-gu Seoul Metropolitan Government (hereinafter “instant real estate”) on the ground of sale by voluntary auction on September 24, 2015.

B. From October 2014 to November 2015, the management expenses of KRW 1,021,250, and KRW 2,216,230, and KRW 3,237,480, including the portion in arrears by the former occupant with respect to the instant real estate, were incurred in the aggregate of KRW 3,237,480, and the Defendant claimed that the Plaintiff pay the management expenses of KRW 3,237,480.

C. On May 2, 2016, the Plaintiff paid KRW 1,021,250, the management fee for the section for common use among the delinquent management fee to the Defendant.

2. The parties' assertion and judgment

A. The plaintiff asserts that, in the event that the former tenant fails to pay the management fee, only the common area is succeeded to the special successor among the delinquent management fee, and the plaintiff succeeds to only 1,021,250 won, which is the management fee for the common area, from among the delinquent management fee for the property in this case, 3,237,480 won, and the 2,216,230 won, which is the management fee for the common area, was not succeeded to. Thus, the plaintiff has no obligation to pay only 1,021,250 won, which is the management fee for the common area, to the defendant.

B. As to the above, the defendant's original special successor succeeds only to the portion of the delinquent management fees for the former tenant, but in the case of the real estate in this case, D, the husband of the former tenant C, and the plaintiff agreed to pay the full amount of the delinquent management fees for C. Thus, the plaintiff is obligated to pay 3,237,480 won, which is the full amount of delinquent management fees, including the exclusive use management fees, to the defendant.

C. In full view of the evidence No. 2, evidence No. 2, and witness D’s testimony, the former occupant of the instant real estate.

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