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1. The part against Defendant M in the judgment of the court of first instance is revoked, and the Plaintiff’s claim against Defendant M is dismissed.
2...
Reasons
1. Basic facts
A. On September 2010, the Plaintiff is an organization established as a member of sectional owners of an aggregate building A, which is an aggregate building, comprised of three underground floors, nine underground floors, and nine underground floors, and five underground floors, located in each site, AJ, and AK, and the total number of four floors above ground (hereinafter “instant building”).
B. Defendant M completed the registration of ownership transfer on July 15, 2009, at the auction in the compulsory auction procedure, such as Jeonju District Court AL, which was owned by Cho Jong-dong Co., Ltd. on June 25, 2009. Defendant T purchased from Q on April 29, 2010 the 5 Dong 132, 133, and 134 of the instant building, and completed the registration of ownership transfer on the same day. The status of each partitioned building owned by the Defendants is as follows.
The defendant (owner) (hereinafter referred to as the "master of a square registry") total of the total area of the total area of the whole area of the square registry (m) on the date of the transfer of ownership of the same unit, M 5 115 M 3.73.75.75.9 62.74, July 15, 2009; 33.75.74 T 5.728.9 62.74 T 5132 on April 29, 2010; 59.65.133 on April 6, 2010; 129.65 133 on April 15, 2010; 58.34, 127. 5134, April 34, 2010; 5198.6, April 14, 2015;
C. At the time the Defendants acquired ownership of each partitioned building, all owners of the instant building were unpaid management expenses of each partitioned building. Among them, public management expenses are KRW 388,586,139 from November 2007 to July 2009, and KRW 513,701,045 from November 2007 to October 201.
Before the Plaintiff was established, A had been established as a sectional owner of the instant building and managed the instant building in around 2006. On November 21, 2007, A had held an extraordinary general meeting and passed a resolution to bear the public management expenses of the instant building according to the respective common areas of sectional owners.
calculated management expenses for the public use of the period of the defendant (from November 2007 to July 2009) 38,586,139 won x 28.9/9,524.36 1,182,768 won T.