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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On October 6, 2011, the Plaintiff entered into a sales contract with the Defendants for purchase of the first floor Non-01 (hereinafter “instant real estate”) of the D-O-S-S-S-S-S-A-S-A-S-A-S-S-A-S-S-A-S-S-A-S-S-A-S-S-A-S-S-A-S
According to the register of the register of the purchase price of KRW 700 million, the amount set up as follows: (a) each right to collateral security has been established in the amount of KRW 48 billion against the mortgagee’s maximum debt amount of KRW 160 million against the mortgagee E; and (b) KRW 10 million against the buyer’s heir at the maturity of the lease; and (c) the seller shall pay to the lessee at the maturity of the lease.
(b).
The Plaintiff repaid the management expenses of KRW 7.5 million until September 201, 201 (hereinafter “instant delinquent management expenses”) with respect to the instant real estate, on January 31, 2013.
[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1, 2 and 4 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. Comprehensively taking into account the facts acknowledged earlier of the lease deposit, it is reasonable to view that at the time of the instant sales contract, the Defendants jointly and severally agreed to pay the Plaintiff KRW 10 million to the Plaintiff, so the Defendants are jointly and severally liable to pay KRW 10 million to the Plaintiff.
However, there is no evidence to deem that the Plaintiff paid the lessee the deposit amount of KRW 10 million on behalf of the Defendants, and thus, the part of the claim for damages for delay is rejected.
B. The fact that the Defendants paid 7.5 million won of the instant delinquent management expenses incurred at the time of ownership of the instant real estate on behalf of the Plaintiff as a specific successor is as seen earlier. Therefore, there is no evidence to acknowledge that the Plaintiff agreed to succeed to the instant delinquent management expenses at the time of the instant sales contract, barring any special circumstance.