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1. As to KRW 31,93,416 and KRW 16,92,445 among the Plaintiff, the Defendant shall start from July 25, 2016 to August 9, 2017.
Reasons
Basic Facts
On July 13, 2009, the Plaintiff acquired ownership on the first floor and the seventh floor area parking buildings (hereinafter “instant building”) located in Seo-gu Daejeon, Seo-gu, Daejeon, which are an aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), which are all the first floor of the building (hereinafter “the Plaintiff’s section for exclusive use”).
On February 28, 2014, the Defendant acquired ownership of the instant building No. 301, 401, 501, and 601 (hereinafter “Defendant’s exclusive ownership”).
Since February 28, 2014, the whole sectional owners of the building of this case and their respective sections of exclusive ownership are as listed below:
Defendants 301, 401, 501, 60.88 square meters, Plaintiff 101 through 1266, 203 through 205, and 202, Defendant 301, 401, 501, 601, 57.27 square meters in total, and 8,100.32 square meters in total, of Defendant 301, 401, 501, 601, 863.04 square meters in total, and 8,100.32 square meters in total, from the acquisition of ownership of the Defendant’s exclusive ownership on February 28, 2014, the Defendant’s exclusive ownership and part of the Plaintiff’s exclusive ownership and the second floor of the instant building are used as a commercial building.
Since the completion of the instant building, since the management body meeting was held under the Act on the Ownership and Management of Aggregate Buildings and did not enact regulations or appoint a manager, the management body (hereinafter “management body of this case”) did not actually act. Instead, from around 2012 to around 2012, the Plaintiff directly concluded an electrical safety management agency contract, fire-fighting system maintenance contract, facility repair contract, etc. as a party to the instant building for the management of the instant building and paid the price therefrom.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 22, 25 through 27 (including the number of branch numbers; hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings, as a whole, maintains the section for common use of the building of this case from March 2, 2014 to February 2, 2017.