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(영문) 서울남부지방법원 2020.09.11 2019나66314
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, etc. are the owners awarded the bid for the Guro-gu Seoul Metropolitan Government Building C and Underground Floor D (hereinafter “instant store”).

The Defendant is the former owner of the instant store, and E and F were the lessee who leased the instant store from the Defendant.

B. On August 5, 2016, the Plaintiff’s acquisition of the ownership of the instant store and its subsequent progress 1) on the instant store, which was owned by the Defendant, the auction procedure for real estate was conducted as H in the instant court upon the application for voluntary auction by G Co., Ltd., a mortgagee, on August 5, 2016. The Plaintiff reported the purchase at the highest price of KRW 684,80,010 on November 21, 2017 in the said voluntary auction procedure and received the decision to permit sale on January 28, 2018, and paid the purchase price on January 5, 2018. However, on the instant store, the Plaintiff was established for the purpose of managing the entire building of the instant building including the instant store, and was managing the said building for the purpose of managing the entire building of the instant building. The Plaintiff was also entitled to the Plaintiff’s request for removal of the instant building and the instant order to remove the building from the Plaintiff’s previous building management body on the grounds of delinquency in managing the building.

C On January 9, 2018, the Building Management Association urged the Plaintiff to pay KRW 183,281,330 to the part of the instant store on December 2017.

On this basis, the plaintiff has the exclusive use of the above delinquent management expenses.

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