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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.
Reasons
1. Basic facts
A. C and D purchased 501 to 43,883,000 won (the appraised value of the discretionary auction procedure is 460 million won) among the real estate listed in attached Form 1 (hereinafter “instant commercial building”) the roof of which was destroyed by fire during the voluntary auction procedure on April 14, 2010, and completed the registration of ownership transfer in their joint names on May 17, 2010.
C and D obtained permission from the competent authority for substantial repair of the instant real estate in order to repair it, and on August 12, 2010, contracted the repair work of roof destroyed by fire to E, and around December 2010, the Dong Forest Comprehensive Construction Corporation contracted the floor construction work of the instant real estate to E and had E perform it.
In addition, around January 201, C and D agreed on the construction price of the interior of the instant commercial building at KRW 130 million among the instant commercial buildings, and the Defendant completed most of the said construction works.
B. In addition, C and D paid only KRW 30 million out of the above construction price to the Defendant, and could not pay the remainder KRW 100 million, on March 31, 201, sold the instant real estate to the Defendant on March 31, 201 for the settlement thereof.
(The Defendant completed the registration of ownership transfer on April 1, 201 with respect to No. 501 of the instant commercial building, but owns it, and uses and benefits from all the remaining parts of the fifth floor as seen below).
The plaintiff is an organization composed of shop occupants of the commercial building of this case, and the shop occupants pay management expenses to the plaintiff.
C, D and the Plaintiff drafted a written agreement on August 18, 2010 as follows:
1. Management expenses amount: 25,00,000 won, item 18,500,000 won for management expenses, and 6,500,000 won for the commercial building development fund;
2. Date of payment: Not more than 5,000,000 won in advance, until August 20, 2010, and not more than 20,000,000 won in advance (before September 30, 2010) and not more than 3.
E. On April 7, 2011, the Plaintiff and the Defendant drafted a written agreement with the following content.
1. Management expenses: Unpaid management expenses, 3,720.