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1. The Defendant’s KRW 512,468,06 for the Plaintiff and KRW 5% per annum from June 30, 2018 to July 25, 2018.
Reasons
1. Basic facts
A. Status 1 of the parties concerned) The Plaintiff is Chang-gu Jingu A apartment (hereinafter “instant apartment”).
(2) In order to manage a total of 1,275 households, the Defendant is an autonomous management body organized by occupants on January 31, 2018. (2) The Defendant is a company incorporated by division from C on December 30, 209, a stock company (hereinafter collectively referred to as “Defendant”) and C.
B. On August 28, 200, the Defendant obtained approval of the instant apartment construction project plan with respect to the construction of 1,275 households, and newly built the instant apartment, and had undergone a pre-use inspection on February 19, 2003, after obtaining approval of the recruitment announcement of occupants on March 9, 2002, managed each of the instant apartment units as a rental business operator of the instant apartment. 2) The Defendant applied for a pre-sale conversion on August 1, 2014 after the expiration of the five-year rental period for the instant apartment.
9. On 17.17. Approval for conversion for sale in lots was obtained from the original market, and around that time, a contract for conversion for sale in lots was concluded with tenants of the apartment of this case, and the conversion for sale in lots by 275 households was terminated on December 1, 2014.
C. On January 31, 2018, the Plaintiff transferred the management affairs of the instant apartment from the Defendant, and the Defendant paid KRW 353,093,00 to the Plaintiff on June 28, 2018 as reserves for special repair reserve.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, purport of the whole pleadings
2. The major contents of the relevant Acts and subordinate statutes are as shown in the attached Form 1.
3. The assertion and judgment
A. The gist of the parties’ assertion 1 is that the Plaintiff is obligated to accumulate the reserve fund for special repair calculated in accordance with the relevant statutes from February 19, 2004, which was from February 19, 2003 to December 16, 2014, which was from February 19, 2004, the date of inspection of the use of the apartment of this case, to February 16, 2014.