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1.The judgment of the first instance, including a claim added, expanded, and reduced in the trial, shall be modified as follows:
Reasons
1. Basic facts
A. The Plaintiff is a management body comprised of sectional owners of the 19th above ground in Seo-gu Daejeon and the Atel of the 7th above ground level (hereinafter “Atel”).
B. As to Atel No. 1001 (hereinafter “101”), on March 4, 2005, the registration of transfer of ownership was completed on the grounds of sale on November 22, 2004, and on November 7, 2014, the registration of transfer of ownership was completed on the grounds of sale by compulsory auction on November 7, 2014.
C. On May 4, 2010, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 7,400,210 of the unpaid management expenses under the Daejeon District Court Decision 2010Da60302, which was the sum of the unpaid management expenses under subparagraph 1001, and the delay damages thereon, and received the judgment in favor of the Plaintiff on February 8, 201. Accordingly, the Defendant appealed as Daejeon District Court 201Na474. At the appellate court on June 12, 2012, the Plaintiff and the Defendant agreed to pay KRW 12,00,000 to the Plaintiff in installments from February 12, 2012 to December 12, 2012.
The Plaintiff imposed a total of KRW 9,659,280 on the Defendant as management expenses from May 201-201 to October 2014, and the Defendant did not pay it to the Plaintiff.
E. After December 27, 2007, the Defendant leased 11.38 square meters (hereinafter “E Licensed Real Estate Agents’ Office”) among the owners of Atel No. 101 (hereinafter “101”) from among Atels, and operated the real estate brokerage office under the trade name of “E Licensed Real Estate Agents’ Office.” In the process, the Defendant connected individual measuring instruments to the public electricity line supplied to Atel and used the electricity.
F. The Plaintiff imposed a total of KRW 4,078,153 on the electric charge from September 201 to December 2014, 2014, which was used by the Defendant in the part 101, and the Defendant paid the Plaintiff the total of KRW 1,913,195 with the electric charge for the same period.
[Ground of recognition] There is no dispute.