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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
A. The defendant is a management company that executes the management affairs of the Gu's 546-4 aggregate buildings located in Gwangjin-gu Seoul Metropolitan Government (hereinafter "the aggregate buildings in this case").
B. The Plaintiff was awarded each of the instant stores in the voluntary auction procedure for the 15 stores listed in No. 21 to 15 of the instant condominiums (hereinafter “each of the instant stores”) and completed the registration of ownership transfer on March 20, 2014.
C. After that, the Defendant demanded the Plaintiff to pay delinquent management expenses and management deposit incurred prior to the successful bid as a procedure for moving into each of the instant stores, and installed locking devices at the entrance of each of the instant stores around April 22, 2014, the Plaintiff did not comply with the demand.
Accordingly, on April 28, 2014, the Plaintiff filed an application against the Defendant for a provisional disposition prohibiting the use of the Plaintiff’s ownership on each of the instant stores on the ground that the Defendant’s closure of each of the instant stores and interfered with the exercise of the Plaintiff’s ownership. However, the said court dismissed the Plaintiff’s application on the ground that, on August 7, 2014, the Plaintiff is liable to pay the Plaintiff the delinquent management fee for common areas incurred in relation to each of the instant stores, and that the Defendant is not required to make a separate resolution of the Representative Committee that prohibits the Plaintiff’s sale of each of the instant stores based on the management rules and building management regulations on the procedures for the sale of condominium buildings in this case. The said decision became final and conclusive around that time.
E. On September 22, 2014, the Plaintiff paid KRW 87,286,810 of the delinquent management expenses for each of the instant stores and KRW 15,07,440 of the delinquent management expenses and KRW 137,286,810 of the delinquent management expenses for each of the instant stores. The Plaintiff agreed to pay KRW 50,000,000 of the delinquent management expenses in installments for five months from October 2014, and the Defendant removed the locking device installed at each of the instant stores around that time.
F. On the other hand, the Plaintiff did so as above.