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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 8, 2001, Pyeongtaek Ho Construction Co., Ltd. (hereinafter referred to as the “Gangsan Construction”) obtained the approval of the project plan for the new construction of the 13-dong 827 households (28 square meters, 119 households, 32 square meters and 708 households) from the head of the north-gu, Ulsan-gu, Ulsan Metropolitan City on the 115 Blsan-dong 1-1 unit on the 115 Blsan-dong, Ulsan-gu, Ulsan Metropolitan City (hereinafter referred to as the “instant apartment”), and has managed the said apartment as a rental business operator under the Rental Housing Act after obtaining a completion of use inspection as a rental house on November 20, 203.
B. On December 26, 2006, Pyeongtaek Ho was treated as bankruptcy due to financial difficulties, and on April 25, 2008, was declared bankrupt by the Seoul Central District Court 2007Hahap68, and on the same day, the Defendant was appointed as the trustee in bankruptcy.
C. The lessee of the instant apartment, after the expiration of the mandatory rental period, obtained approval for conversion for sale in lots under the Rental Housing Act, and completed the registration of ownership transfer for the instant apartment on or around June 2013. After organizing the Plaintiff, the council of occupants’ representatives of the instant apartment, reported this to the head of Ulsan Metropolitan City North-gu, Ulsan Metropolitan City, and received notification from the head of the North Korean government on August 27, 2013, and received the transfer of the right to manage the instant apartment from the Defendant around August 22, 2013.
From November 20, 2004, which was the date of the inspection on the use of the apartment of this case, the date one year elapsed from November 20, 2004, which was the date of the inspection on the use of the apartment of this case, to August 21, 2013, which was before the day when the defendant transferred the management right of the apartment of this case to the plaintiff, the special repair reserve amount to be accumulated according to the rate prescribed in the Rental Housing Act and subordinate statutes is KRW 684,173,644, and the defendant transferred only 119,218,620, which was the amount actually accumulated before the ordinary land construction among the special repair reserve to be accumulated, to the plaintiff on March 5, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. The entry in the attached Form of the relevant Acts and subordinate statutes;
3. The parties' assertion
A. The plaintiff's apartment of this case.