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1. As to KRW 53,069,860 and KRW 49,959,380 of the above money to the Plaintiff, the Defendant shall pay to the Plaintiff KRW 53,069,860 from December 4, 2015 to January 15, 2016.
Reasons
1. Facts of recognition;
A. The Sinnam-si A (hereinafter “instant building”) is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings composed of 37 households in a commercial building and an officetel for business purpose (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), and the Plaintiff is a management body comprised of sectional owners of the instant building.
B. On June 25, 2001, C purchased each of the instant 411, 601, 602, and 603 underground among the instant 4th basements (hereinafter “instant 4th basements”) and the instant 6th floor stores (hereinafter “instant 6th floor”). From June 27, 2001, C operated the instant 4th basements of “D” from June 27, 2001 to the instant 6th basements of “E”, respectively.
C. From November 15, 2012, C leased each of the instant shopping districts to the Defendant, his father, and from November 15, 2012, C operated the said coffee shop and announcement board in the name of the Defendant.
However, notwithstanding the Plaintiff’s continued demand, the Defendant failed to pay the management expenses of each of the instant stores from February 2015 to December 3, 2015, and as of December 3, 2015, up to KRW 6,185,660 (i.e., unpaid management expenses of KRW 5,235,05,050 in arrears, KRW 620,70 in the settlement management expenses of KRW 329,910 in arrears), and the unpaid management expenses of the instant six commercial buildings in this case (i.e., unpaid management expenses of KRW 46,884,20 in the settlement management expenses of KRW 38,498,770 in arrears, KRW 2,780 in the settlement management expenses of KRW 5,604,860 in the settlement management expenses of unpaid management expenses of KRW 38,60
On the other hand, on June 25, 2015, F was awarded a successful bid for the instant fourth-story shopping mall and completed the registration of ownership transfer, and G was awarded a successful bid on September 24, 2015 and completed the registration of ownership transfer.
After that, C, on November 25, 2015, entered into an agreement with F and G with the following contents (hereinafter “instant agreement”). Pursuant to the instant agreement, the Defendant moved out from each of the instant commercial buildings around December 3, 2015.