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(영문) 서울남부지방법원 2020.09.01 2019가단275063
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff seeks payment of management expense claims that the Defendant acquired from D.

According to the purport of Gap evidence No. 1 and the entire pleadings, Eul transferred 35,773,800 won of management expenses claim to the defendant until June 18, 2011 to the defendant, and it can be acknowledged that the defendant was notified of the assignment of claims on the same day.

2. The defendant asserts that the period of extinctive prescription of the management expenses that the plaintiff acquired has expired.

"Claims prescribed as requiring the short-term extinctive prescription for a period of not more than one year" under Article 163 subparag. 1 of the Civil Act refers to claims that are regularly paid for a period of not more than one year (see Supreme Court Decision 96Da25302, Sept. 20, 1996). The management expenses claims for an aggregate building, which are paid on a monthly basis, constitute such claims.

(See Supreme Court Decision 2005Da65821 Decided February 22, 2007). The management expense claim that the Plaintiff acquired by the Plaintiff is a claim for management expenses until June 201. Since the instant lawsuit was filed on November 20, 2019, the extinctive prescription of the management expense claim that the Plaintiff acquired by the Plaintiff was completed.

3. The plaintiff's claim cannot be accepted, and it is so decided as per Disposition.

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