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1. The Defendant’s KRW 22,79,784 as well as the Plaintiff’s annual rate of 5% from January 7, 2015 to April 18, 2017.
Reasons
1. Basic facts
A. The Defendant is a management body established with all sectional owners of B in Jongno-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Plaintiff is a sectional owner who completed the registration of ownership transfer on the ground of the trust on November 15, 2004 from the E Co., Ltd., which completed the registration of ownership transfer for each of the defense rooms listed in the attached Table “S” column among the instant buildings.
B. On May 14, 2005, the sectional owners of the instant building held the Defendant’s inaugural general meeting and established the rules for the management of the instant building (hereinafter “instant rules”). Article 21 of the rules of this case provides that “In the event a benefit arises from the use of common areas, the manager shall allocate it to the sectional owners, etc. according to the fixed equity ratio at the time of settling accounts for the fiscal year.”
C. In the separate list, the Plaintiff owned each heading room in the same list "period of possession" as stated in the separate list, and there is no dispute between the parties as to the same facts as the amount stated in each "place parking profit" column in the same list as the amount of parking profit to be distributed with respect to each heading room. The aggregate amount of each heading room's parking profit is KRW 22,79,784.
(No dispute exists between the parties with respect to the whole contents of the attached list, and the period of ownership of the above list shall be calculated from May 14, 2005, which is the date when the defendant's inaugural general meeting is held). (See the facts that there is no dispute, Gap 1-3 (including each number), Eul 6, and the purport of the whole pleadings)
2. According to the above facts of recognition as to the cause of the claim, in a case where profits accrue from the use of the instant building parking lot, which is a common area, pursuant to Article 21 of the Rules of this case, the defendant shall allocate the above profits to the sectional owner, etc. in accordance with the determined equity
Therefore, the defendant shall pay the plaintiff the total amount of parking revenue to 22,79,784 won and the plaintiff.