약정금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Defendant is an organization that owns a shop (1,085.77m2, each of the total sales area of the first floor, 996m24m2 and the total sales area of the second floor, 1,085.7m2, hereinafter “B shop”) from the first floor to the third floor above the ground among the main complex building in the size of the second floor of the second floor of the Seoul Northern-gu, Seoul and the second floor of the underground, including the owner of the sectional ownership or its lessee as its member and that collects management expenses and performs the sales agency rental business.
The plaintiff is a company with several partitioned sections, such as subparagraph d, in the first floor.
H, the representative director of the Plaintiff, performed the Defendant’s president’s duties from June 1, 2005 to June 2015, and around 2015, the Defendant’s president changed from H to J, which was a general secretary at H.
B. The Defendant leased and managed, on behalf of the sectional owners, a considerable portion of BJ 49 (M through N), 49 (O through P), and 3rd floor 24 ( Q through R). The method is as follows.
In other words, in principle, the defendant concludes a lease contract with the lessee in his own name, and receives and manages the deposit on his own account until the termination of the lease, but the proceeds from the rent shall be distributed to the sectional owners according to the ratio of the whole area of the
However, if a sectional owner wants to demand the deposit corresponding to his/her ratio of his/her own exclusive area during the lease term or to receive the rent directly, the defendant has to pay the sectional owner the deposit for his/her share, or have the lessee pay the rent directly to the sectional owner, and to clarify his/her legal relationship, he/she newly prepares a lease contract between the sectional owner and the lessee.
C. A large-scale fire on the first floor around October 2005 occurs, and most of the first and second floors of B are the first and second floors from the time of the fire to the time of the sales by the Smarket operated by F in September 2006, which was completed by the fire restoration from the time of the fire.