beta
Text
1. The Defendant’s KRW 47,463,290 as well as 6% per annum from May 4, 2017 to August 22, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is an autonomous management organization that is composed of occupants for the management of 225 households and one commercial household of the apartment units in the Seogdong-gu, Gangseo-gu, Seoul, the third underground floor and the 13th ground-based forest apartment (hereinafter “instant apartment”) located in the 919-1 of the 13th floor. The Defendant, as the owner of the above 101 building, is running a sacrife or business from November 6, 2004 to the above 101 building.
B. The 1, 2, and 3th underground of the instant apartment is used as a parking lot, electric room, power generation room, etc.
C. (1) On October 31, 2005, the Plaintiff and the Defendant entered into a contract on the use of the building site attached to the building and the parking lot area with a deposit for restoration to the original state upon the termination of the contract, and 5 million won per month as the fee for the use of the site of this case as indicated below. According to the above contract, the Defendant entered into a contract on the use of the building site attached to the building and the parking lot area attached thereto with a large air-conditioning room (20 square meters) on the outside part of the apartment of this case, a small air-conditioning room and a large of 66.69 square meters (21 square meters) on the outside part of the apartment of this case, among the parking lot of the first floor of underground floors, installed each air-conditioning room, installed with a water-conditioning pipe and a water-conditioning pipe installed, and used each of the above sites (hereinafter “the site of this case”) from that time to the completion of the pleadings of this case.
(2) On July 12, 2005, the Plaintiff and the Defendant entered into an agreement to install a boundary fence that divides the parking area into the center passage of the first floor parking lot. The Plaintiff and the Defendant concluded a use agreement to install a boundary fence that divides the parking area into the parking area in the middle passage of the second floor parking lot.
(3) The Plaintiff and the Defendant were to use the instant site for two years from January 9, 2012 to January 8, 2014.