1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Claim.

1. Basic facts

A. The Plaintiff is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) consisting of all sectional owners of the third underground floor in Seongbuk-gu, Seongbuk-gu, Seoul and the fifth floor condominium (hereinafter “instant shopping mall”), which is a sectional owner of the fifth floor, and the Defendant is a sectional owner who currently owns eight houses among the instant shopping malls, who constructed and sold the instant shopping mall.

B. On July 31, 2008, the Defendant constructed the instant commercial building and entered it in the aggregate building register on July 31, 2008, and completed the registration of ownership transfer based on trust in the name of the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on the same day after completing the registration of ownership transfer on each of the instant commercial buildings, and completed the registration of ownership transfer based on the ownership transfer on December 24, 2008.

On the other hand, from May 2007, the Defendant entered into a sales contract for part of each of the instant commercial buildings from around May 2007, and completed the registration of ownership transfer from March 2009 to the buyer.

C. Even after the commencement of the sale of the instant commercial building as above, a considerable number of defense rooms remain unsold in lots, and the Defendant leased, around March 2009, to the National Bank of Korea (hereinafter “National Bank”), the part on the ship connecting each point of the section 1, 2, 3, 4, and 1, among the 1st underground corridor, which is the common area of the instant commercial building, the section 1, 2, 3, 4, and 1, in order to revitalize the instant commercial building (hereinafter “instant common area”).

From March 6, 2009 to January 15, 2015, the National Bank paid a sum of KRW 21,000,000 per month to the defendant as the monthly rent (=300,000 x 70 months). The rent that occurred thereafter was repaid on the ground of the creditor's uncertainty.