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1. The Defendant (Counterclaim Plaintiff) paid KRW 51,411,820 to the Plaintiff (Counterclaim Defendant) and its related amount from October 3, 2014 to July 9, 2015.
Reasons
1. Facts of recognition;
A. The forest apartment in the Gangseo-gu Seoul Metropolitan Government (hereinafter “the apartment of this case”) was constructed with the 3rd underground floor and the 13rd underground floor and undergone a pre-use inspection on September 16, 2004. The Plaintiff is an autonomous management organization consisting of occupants for the management of 225 households and the 1st floor household in the first floor located in the apartment of this case. The Defendant acquired the ownership of the above commercial building from November 6, 2004, and runs a private business or business with the trade name called “unconstrud sofa” (hereinafter “the instant apartment”) from November 6, 2004.
B. The area, structure, etc. of the apartment of this case 1), 1, 2, and 3 floors underground of the apartment of this case are used as parking lots, electricity rooms, and electricity generating rooms. The apartment of this case in the aggregate building register is the 1st underground floor parking lots, 3,12.08 square meters (106 parking spaces), the shelter rooms, and 180.61 square meters (105 square meters), the 2nd underground floor parking lots, 3,188.71 square meters (105 square meters), the 173.98 square meters (1,706.18 square meters (54 square meters), the 3nd underground floor parking lots (54 square meters), the electricity room, power generator, the pumps room, the 446.16 square meters, and 69.76 square meters (22) of the total number of residential facilities, the 25th residential facilities, and the 295th residential facilities and the 2nd residential facilities of this case (294.52).25 square meters).
3) The building area of the instant apartment owned by the Defendant is 2,085.87 square meters on the registry (2,353.88 square meters on the ground). The apartment area of the instant apartment owned by the Defendant is indicated as the section for common use as the section for common use, 955.284 square meters on the underground floor, 3 stories, storage, stairs, elevator holes, 56.014 square meters on the underground floor, 4 stories, electricity room, electricity room, power generator, pump room, 51.9354 square meters on December 7, 2004, and the Plaintiff and the Defendant indicated as the area for common use of the instant apartment as the area for common use.