손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On October 26, 2006, the Defendant newly constructed the 11th floor of C, D, and E, and completed the registration of ownership transfer on the said 901, 1001, and 1101 (hereinafter referred to as the “instant 3rd floor”) among the said 901, 101, and 1101 (hereinafter referred to as the “instant real property”).
(2) However, as F discontinued the completion of the construction of the building in question, the Defendant complained against F on suspicion of fraud, and thereafter, during the investigation process, F agreed to pay the Defendant KRW 41,00,000 of the construction amount corresponding to the non-execution portion by August 31, 2007.
(3) On July 24, 2008, the decision to commence compulsory sale of the instant real estate was rendered on July 23, 2009 and July 23, 2009, respectively. The Plaintiff purchased the instant real estate at the above auction procedure and paid the price in full on November 27, 2009.
(4) On December 27, 2009, the Defendant asserted a lien on the instant real estate, which was based on F’s claim for KRW 41,00,000 against the Defendant, and occupied the instant real estate (a dispute exists between the parties as to the point of commencement of possession by the Defendant, and the Plaintiff asserts that it was from September 20, 207, and the Defendant asserted that it was from September 2009, but there is no evidence to acknowledge the accurate timing of possession, and that the instant real estate was delivered to the Plaintiff on December 27, 2009.
(5) On September 6, 2012, the appellate court rendered a judgment against the Plaintiff stating that “The Plaintiff, a special successor to the instant real estate, shall succeed to the section for common use among the delinquent management expenses of F, the former owner, and thus, is obligated to pay the management expenses for common use out of the delinquent management expenses for F,” and that “the Plaintiff shall pay EFT amounting to KRW 89,91,000 and its delay damages to FFTT amounting to KRW 89,91,00.”