1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport:

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Paragraph 4-C of the judgment of the court of first instance (from 8 pages up to 18 pages) shall be followed as follows:

[C.] Whether the Defendant’s obligation to accumulate and transfer the reserves for special repair 1] The Defendant’s defense was extinguished by the Defendant’s declaration of intent to waive or exempt the obligation for the long-term repair reserve exceeding KRW 161,409,810 as of December 31, 201 through the instant settlement agreement. Thus, the Plaintiff’s claim for special repair reserve exceeding the above amount against the Defendant was extinguished by the said declaration of intent.

2) After completion of the instant apartment on September 200, the Defendant confirmed the calculation method of the special repair reserve and the long-term repair reserve in a large size within the Seocho-si city as the experience in the rental apartment is difficult, and confirmed the calculation method of the special repair reserve and the long-term repair reserve in the same way.

B) On October 13, 2005, the Defendant collected and accumulated the reserves for long-term repairs from the owners of the instant apartment after completing the conversion into sale of the pre-households of the instant apartment. (C) The reserves for long-term repairs or the reserves for long-term repairs accumulated as such are KRW 66,640,580 from September 2001 to September 2005, and are KRW 94,769,230 from October 2005 to December 16, 2011. As the Plaintiff was organized on April 16, 2011, the Plaintiff and the Defendant began consultations on the repair of the instant apartment and the payment of reserves for long-term repairs to the Plaintiff, and on February 8, 2012, the Defendant sent to the Plaintiff a written undertaking with the following content.

The above principal proposed to the plaintiff regarding the repair of defects and the return of the long-term repair appropriations following the transfer by the managing body of the apartment of this case.