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(영문) 대구지방법원 2019.03.21 2018가합200277
특별수선충당금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 345,559,080 to the Plaintiff (Counterclaim Defendant) and its related amount from February 1, 2017 to January 19, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. Status 1 of the parties concerned) The Plaintiff is the Simsan-si A apartment (hereinafter “instant apartment”).

(2) For the management of 340 households, the Defendant is an autonomous management body organized by occupants on November 29, 2016. (2) The Defendant is a company incorporated by division from C Co., Ltd (hereinafter collectively referred to as “Defendant”) on December 30, 209.

B. On November 30, 201, the Defendant newly constructed the instant apartment on September 8, 2003 after obtaining approval for the project plan for the new construction of 340 households of the instant apartment, and has been managing the instant apartment as a rental business operator. (2) The Defendant obtained approval for conversion to sale in lots from the Si of Busan on March 11, 201, which was after September 7, 2008, when entering into a conversion contract for sale in lots from May 9, 201 to May 13, 2016, the remainder of the payment period was set as one month from the date of the contract, and the remainder was paid within the payment period, and the sale in lots by the household on June 13, 2016 was terminated.

C. On January 31, 2017, the Defendant handed over the management affairs of the instant apartment to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 3 through 7, 15, 16, 23 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The main contents of the relevant Act and subordinate statutes are as shown in [Attached].

3. Judgment on the main claim

A. The main point of the Plaintiff’s assertion 1 is that the Defendant is obligated to accumulate the reserve fund for special repair calculated in accordance with the relevant statutes from September 8, 2004, which was the date when one year elapsed from September 8, 2003, which was the date when the approval for use of the instant apartment, to June 12, 2016, which was the date when the conversion for sale in lots is completed, and transfers it to the Plaintiff.

Therefore, the defendant's repair reserve fund for the plaintiff 345,559.

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