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(영문) 인천지방법원 2017.06.13 2016가단12983
관리비
Text

1. Of the instant lawsuit, the part of the claim against the Intervenor joining the Defendant is dismissed.

2. The defendant shall pay to the plaintiff KRW 47,006,120.

Reasons

1. As to the legitimacy of the part concerning the claim against the Intervenor among the instant lawsuit, the Plaintiff sought payment of management expenses jointly with the Defendant against the Intervenor joining the Defendant.

ex officio, the defendant joining the defendant is only an assistant for winning the defendant, who is the defendant, and there is no standing to be the defendant. Thus, this part of the lawsuit against the defendant joining the defendant, which the plaintiff seeks payment of management expenses, etc. against the defendant joining the defendant, is unlawful as it is against

2. Determination as to the claim against the defendant

A. 1) The Plaintiff’s assertion as to the cause of the claim is the Plaintiff’s assertion and the Defendant’s payment of KRW 56,515,750, the aggregate of management expenses, late payment fees, and deposit money for management expenses from around December 10, 2014 to February 2017. 2) The Plaintiff’s assertion and payment of KRW 56,515,750, which were owned by the Defendant. 1, A’s evidence 1, A’s evidence 2-1 to 13, A’s evidence 7-1 to 8, 9, and evidence 1 to 13, A’s evidence 7-1 to 3, 8, 9, and evidence 10 to 13,50, and the aggregate of the management fees for the commercial building from around 10, 2014 to about 20, 2016, 201 to 36. 16,216, respectively, for each of the instant charges for the transfer of ownership registration.

According to the above facts of recognition, the defendant, barring special circumstances, was the owner of each commercial building of this case, and was the owner of each commercial building of this case on December 2014.

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