1. The Defendant shall pay to the Plaintiff KRW 74,858,040 and the interest rate of KRW 15% per annum from March 16, 2018 to the date of complete payment.

1. Facts of recognition;

A. While the two forest construction company and the major shareholder-based company newly built and leased 24 Gamamba-ro 24 (hereinafter “instant apartment”) households in Gwangju Mine-ro 397, the auction procedure for the said apartment was in progress due to dishonor, etc., the Defendant succeeded to the status of the lessor of the said apartment on October 20, 201, at the auction with 363 households which were not sold among the above apartment units, and succeeded to the status of each company.

B. Among the foregoing apartments, the special repair reserve accumulated for 222 households of apartment leased by the Defendant from February 2, 2012 to December 2, 2016 is the aggregate of 74,858,040 won, and the above apartment is converted for sale in lots from December 24, 2014 to December 2016, despite the Plaintiff’s request made by the occupant of the above apartment from January 2017, the Defendant did not transfer the accumulated special repair reserve to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number) and the purport of whole pleading

2. Determination

A. Article 31(1) of the former Rental Housing Act (amended by Act No. 11587, Dec. 18, 2012) provides that a rental business operator of a rental house shall accumulate special repair reserve funds necessary for the replacement and repair of main facilities, and Paragraph (2) of the same Article stipulates that the said special repair reserve funds shall be transferred to the council of occupants' representatives, which shall first form the council of occupants' representatives, in order to convert the constructed rental house into parcelling-out. According to the above facts of recognition, the Defendant, who is a rental business operator, is obliged to transfer the said special repair reserve funds accumulated in the Plaintiff, which is the first council of occupants' representatives

B. As to the above, the Defendant was awarded a successful bid pursuant to the Special Act on the Protection of the Lessee of Insolvent Constructed Rental Housing (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Insolvent Rental Housing Act”).