The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. The Plaintiff is the executor of the main complex building A (hereinafter “instant building”) located in Seocho-gu Seoul Metropolitan Government, and the Defendant is a management body comprised of sectional owners of the instant building and commercial buildings.

B. On July 2007, the Plaintiff and Daelim Industrial Co., Ltd. (hereinafter “Molim Industry”) jointly and severally guaranteed the Plaintiff’s obligation to borrow money, and then subrogated to the Plaintiff. On July 14, 2011, the Plaintiff and Daelim Industrial Co., Ltd. (hereinafter “Molim Industry”) set a provisional registration on the ground of promise to sell and purchase 53 debentures of the instant building, and upon full payment of the purchase price of the said 53 debentures, the Plaintiff and Daelim Industrial Co., Ltd. agreed to preferentially repay the above borrowed money and immediately cancel the said provisional registration. However, the sale price was not fully paid until the date of the completion of the pre-sale agreement ( July 30, 2008), and the Daelim Industry filed a lawsuit against the Plaintiff seeking the principal registration based on the provisional registration as above. The aforementioned lawsuit was established at the appellate court’s final judgment on July 14, 2011, and the part related to the instant case’s conciliation is as follows (hereinafter “instant provisions”).

(2) On November 3, 2011, the Plaintiff performed the principal registration procedure on the basis of provisional registration on the debt nine among the instant building, and transferred the right based on provisional registration at the same time when the Daelim industry receives the sale price from C and D in full (Provided, That if the Plaintiff does not pay the sale price in full by September 15, 201, the Plaintiff performed the provisional registration procedure on the provisional registration to the Daelim industry) with respect to the above debt 15, the Daelim industry paid the 306,760,470 won to the Defendant, pursuant to the instant adjustment clause.

C. The Plaintiff paid additional management expenses.