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1. Of the judgment of the court of first instance, the part against the defendant corresponding to the amount exceeding the amount ordered below.
Reasons
Basic Facts
In around 1993, the Plaintiff newly constructed and sold a multi-purpose building E with the 18th floor above the 4th ground (the 5th floor above the ground level is a commercial building, the 6th floor above the ground level is a multi-unit house, and the 18th floor above the ground level is a multi-unit house; hereinafter “instant multi-unit building”).
(A) Since then, among the main complex buildings of this case, the part of the main complex building of this case was sold in lots and a separate management body which manages only the apartment house of this case was formed. However, the commercial building of this case (the total area of 5,633.493m2, hereinafter “the commercial building of this case”) was partially sold, and the Plaintiff, the seller of this case and the owner of the unsold commercial building, are managing the commercial building of this case from around that time.
On February 28, 2013, the Plaintiff entered into a sales contract with the Defendants on the 5th floor F (1073.795 square meters in exclusive use area, 1,691.720 square meters in parcelling-out area, hereinafter “Defendant shop”) of the instant commercial building, and completed the registration of ownership transfer as to each of the shares of the Defendant shop on March 15, 2013 (Evidence A No. 1) and from June 2013 to June 2013, the Defendants operated a mutual medical care center for “G” from the Defendant shop.
(A) On December 3, 2013, the Defendants paid 637,450 won to the Plaintiff managing the instant commercial building, as management expenses, and did not pay the remaining management expenses. On January 27, 2015, the Plaintiff asserted that the Plaintiff filed a lawsuit with the Suwon District Court seeking KRW 40,326,829 (No. 2015No. 101876, hereinafter “prior lawsuit”) for the total amount of delinquent management expenses, electric charges, water charges, etc. (No. 6-2), and the Defendants asserted that “No. 6-1, 200, nor can the management expenses be paid because the Plaintiff paid the reasonable management expenses.”
The Suwon District Court in the preceding lawsuit shall withdraw the lawsuit, and the defendant shall consent to the withdrawal of the lawsuit.