1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The defendant is a sectional owner who owns a commercial building from the 1st to the 3rd above ground among the main complex buildings with the 9th above ground level of the 2nd underground level, such as Gangnam-gu Seoul Metropolitan Government, and the 2nd unit building with the 1st to the 3rd above ground level or its lessee and is an organization that collects management

The plaintiff is a company that owns several sections, such as subparagraph d, on the first floor of the Jeju Commercial Complex Building.

The defendant leases and manages, on behalf of the sectional owners, considerable parts of the 49th floor, 29 floors, and 24 commercial buildings of the second floor and the third floor, and the following methods are as follows.

In other words, in principle, the defendant concludes a lease contract with the lessee in his own name, and receives and manages the deposit on his own account until the termination of the lease, but the proceeds from the rent shall be distributed to the sectional owners according to the ratio of the whole area of the

However, if a sectional owner wants to demand the deposit corresponding to his/her ratio of his/her own exclusive area during the lease term or to receive the rent directly, the defendant has to pay the sectional owner the deposit for his/her share, or have the lessee pay the rent directly to the sectional owner, and to clarify his/her legal relationship, he/she newly prepares a lease contract between the sectional owner and the lessee.

On October 2006, EMaart (operator F) leased a considerable portion of the first floor of the Jeju Complex Building, including a sectioned building owned by the Plaintiff, from the Defendant, to KRW 110 million, monthly rent of KRW 9 million, and terminated the lease after closing the lease due to a business depression around September 2015.

On June 2010, the Plaintiff expressed to the Defendant that he would receive the monthly rent of Emart from Emart and received the monthly rent amounting to the Plaintiff directly from Emart from around that time, but the Plaintiff continues to pay KRW 110 million deposit of Emart (the Plaintiff’s share is KRW 40 million).