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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant completed the registration of ownership transfer on March 18, 2009 with respect to the sale of the first floor of the instant building (hereinafter “Ground 101”) on the ground of voluntary auction on January 23, 2009 with respect to Atel (hereinafter “instant building”) 201 underground floors 201 (hereinafter “Ground 201”) located in Busan Jin-gu, Busan (hereinafter “instant building”) in Busan (hereinafter “the instant building”) and the owner of each ownership transfer on the ground of voluntary auction on March 18, 2009. The Defendant operates the screen golf and indoor driving range (hereinafter “Ground 1 and 2”) with his father as well as D, and the Plaintiff is an organization composed of sectional owners for the management of the instant building.
B. The Plaintiff and the Defendant agreed on April 15, 2009 as follows:
(hereinafter “instant agreement”). The Defendant shall pay 120 million won to the Plaintiff the unpaid management expenses for the previous owner, and 20 million won to the remainder of 100 million won in lump sum from April 30, 2009 to November 30, 2010 shall be paid in 5 million won on the last day of every 20th month.
C. (1) The repayment period of the Defendant’s unpaid management expenses under the instant agreement at the ordinary and extraordinary general meeting dated February 17, 2011 shall be deferred until December 31, 2011, with respect to the Plaintiff’s unpaid management expenses of KRW 80,000,000,000 in relation to the instant case, and the overdue rate of KRW 2% per annum from January 1, 201 to December 31, 201 (24% per annum) shall apply, respectively, if payment is not made until December 31, 2011.
(2) Of the Defendant’s unpaid management expenses of KRW 80 million under the instant agreement at the special general meeting of October 26, 2012, KRW 10 million shall be paid until November 3, 2012, and the remainder of KRW 70 million shall be paid until December 15, 2012.
The late portion of late arrears shall be discussed. D.
On the other hand, with respect to the instant agreement, the Defendant: ① on March 23, 2009, KRW 20 million, ② on April 30, 2009, KRW 5 million on April 30, 2009, ③ on November 3, 2009, KRW 5 million on November 3, 2009, ④ on November 1, 2009, etc.