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1. The Defendant (Counterclaim Plaintiff) paid KRW 401,195,041 to the Plaintiff (Counterclaim Defendant) and its amount from December 4, 2015 to May 10, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a corporation that registered the establishment of a superstore in accordance with the former Distribution Industry Development Act (amended by Act No. 5833 of Feb. 8, 1999) on April 15, 1999 with the consent of 2/3 or more of the shop occupants, such as sectional owners and shop owners, on the land of 529-1 and 14 lots, Busan trigrams Act (hereinafter “instant commercial building”).
B. In the management rules established by the Plaintiff with the consent of at least 2/3 of occupant occupants of the instant commercial building at the time of the registration of the establishment of the superstore (hereinafter “instant management rules”), sectional owners are obligated to bear expenses, etc. required for the maintenance of buildings and business management-related common interests (Article 6 Subparag. 7), and accordingly, bear all the expenses incurred in the management of common areas, etc. (Article 35), and the standards for imposition thereof (Article 35), and the person who obtained ownership transfer on the certified copy of the register of a superstore automatically succeeds to the rights and obligations under Article 6 (Article 7(1)).
C. On July 17, 2015, the Defendant received a successful bid for the stores Nos. 1 through 14 listed below in the procedure for the auction of real estate A at Busan District Court and paid the price in full. On September 2, 2015, each of the above stores was awarded a successful bid for the said stores Nos. 15 through 17 listed below (hereinafter referred to as “instant stores”) in the procedure for the auction of real estate rent, and paid the price in full. The delinquent management expenses for the instant stores on December 7, 2015 were excluded from the delinquent management expenses (won) recognized on December 8, 1509 for the delinquent management expenses (cost) for the portion of 1509.7.8. from July 26, 2015 to August 38, 2015 for the total amount of 30 months during the period of delay, and the delinquent management expenses for common use areas were already paid from the delinquent period of 1509 to December 31, 2013.
17,267,445 774,410 75 774,410 752,80 15,740,235 262 33,888,250 1,078,110 1,052.