1. The defendant's appeal is dismissed.

2. The plaintiff A's claim expanded in the trial of the political party is dismissed;

3...

1. Basic facts

A. The council of occupants' representatives (hereinafter referred to as the "Plaintiff's representative council") is an organization composed of the occupants of A (hereinafter referred to as "the building of this case") located in Ulsan-gu, Ulsan-gu, and the rest of the plaintiffs are the occupants of the building of this case, and the defendant is the owner under 401 of the building of this case.

B. In 204, P, the owner of the instant building and the contractor, entered into a warranty insurance contract with the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance Co., Ltd.”), setting the insured as the occupants of the instant building, to compensate for the total amount of KRW 15,340,000 when any defect occurs within the warranty period stipulated in the Housing Act in the instant building.

C. Seoul Guarantee Insurance Co., Ltd paid KRW 12,270,000 insurance money to the Defendant who represented the occupants at the time of March 14, 2007 after undergoing on-site inspection on the defect of the building of this case upon a claim for the defective insurance money by the occupants of the building of this case on March 2007.

At the time, the defendant submitted a letter of commitment that the above insurance proceeds will not be used for any purpose other than the repair of defects.

After receiving the above insurance money, the Defendant spent KRW 2,101,300 as the cost of repairing the defects of rooftop waterproof construction, etc.

E. The occupants of the instant building, including Plaintiff B, held a council of occupants’ representatives on October 13, 2015 and elected Plaintiff B as the representative of the Plaintiff.

F. On January 28, 2016, the Plaintiffs filed the instant lawsuit against the Defendant seeking the return of the insurance money that the Defendant received from the Seoul Guarantee Insurance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination

A. (1) According to the above facts as to the cause of the claim, KRW 12,270,000, the insurance money that the Defendant received from the Seoul Guarantee Insurance on March 14, 2007, was paid by the Defendant on behalf of the occupants for the purpose of repairing the defect of the instant building. The occupants of the instant building were the occupants of the instant building on March 14, 2015.