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(영문) 부산고등법원(창원) 2014.10.02 2013나2033
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal are assessed against the principal office.

Reasons

1. Facts of recognition;

A. The Plaintiff’s relationship 1) On February 23, 1991, the Plaintiff is the Plaintiff’s 1,004 square meters of sales facilities of reinforced concrete 4 floors and neighborhood living facilities of 1,04.4 square meters, 1,213.2 square meters of underground (hereinafter “instant commercial building”) located in the window E of Changwon-si, Changwon-si.

Of the above, the ground No. B1 (limited to a electric field area of 371.72 square meters and a common area of 185.087 square meters) is comprised of two or more square meters.

hereinafter referred to as “instant store”).

2) The Defendant is the managing body that consists of the sectional owners and lessees of the instant commercial building for the purpose of managing and operating the instant commercial building.

B. 1) The instant store from March 2003, when the Plaintiff acquired the ownership of the instant store and leased it for large Smarket purposes, the instant commercial building was newly constructed around February 1985, and all underground floors in the instant store consisting of 11 stores (the largest size of the instant store among them). From the time of the construction, there was a drainage pipe that discharges sewage and wastewater was installed at the edge of each store, and the sewage and wastewater generated from each store was stored in the stairs room located adjacent to the instant store through the drain pipe and discharged by the drain pumps, etc.

3) At the outside of the commercial building of this case, Dryry Area A is established for the purpose of lighting and ventilation, and the wall surface is cut down in cement, and the upper is cut down in cement. C. Around November 2009, the Defendant filed a lawsuit against the Plaintiff on the claim for the unpaid management expenses (the Changwon District Court 2009Gadan50684) from May 2008 to November 2009 of the store of this case, and the Plaintiff did not pay for the pipe corrosion and water leakage of the wall of this case by the Defendant.

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