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1. The Defendant’s KRW 4,758,382 with respect to the Plaintiff and KRW 5% per annum from June 4, 2016 to March 24, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a sectional owner who completed the registration of ownership transfer as of September 30, 2014 by the Seoul Central District Court’s registration office No. 218784 on the ground of sale and purchase on August 30, 2014, with respect to the 1/2 shares of the Gangnam-gu Seoul Metropolitan Government B Apartment No. 10, 1206 (hereinafter “instant apartment”), and the Defendant is an autonomous management body composed of occupants for the management of the said B apartment.
B. The Plaintiff, who was residing in the instant apartment on September 7, 2015, was required to leave the lessee on September 14, 2015, completed the internal repair of the apartment from October 16, 2015, and was unable to implement a plan to move into the apartment around November 22, 2015, but the construction of the said apartment was delayed due to water leakage on the rooftop of the instant apartment on October 2, 2015, and the Defendant notified the Defendant of the fact of water leakage.
5. A flood control has been carried out on the rooftop part.
C. However, the problem of the rooftop leakage of the instant apartment was not resolved fundamentally, and accordingly, the Plaintiff renounced the plan originally planned to move in, and on November 16, 2015, the head of the said B apartment management office did not resolve the leakage in the future. As such, once a director was placed in a temporary site and the damage recovery is completed, the Plaintiff sent a certificate to the effect that he will move in the instant apartment.
Afterward, the Plaintiff entered into a real estate lease agreement with C and D on November 17, 2015, 101, 15, 1501, 15.2,000,000 won for monthly rent of 1505,000, and the period from November 21, 2015 to February 21, 2016, and resided in the said real estate after paying C the amount of KRW 1,00,000 for November 17, 2015, and 6,00,000 for total amount of KRW 5,00,000 (monthly 2,00,000,000 for each month x 3 months).
While the plaintiff was unable to move into the apartment of this case, the defendant was engaged in the first Domra as to the rooftop on December 9, 2015, the second Domra as of December 18, 201, and the second Domra as of December 20.