Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

A. The Plaintiff is the council of occupants’ representatives, the managing body of the main apartment A (hereinafter “instant main apartment”) in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant main apartment”), and the Defendant is a person who, around May 19, 2017, leases the main apartment-building Nos. 1 to C-D (Sales Facilities; hereinafter “instant sales facilities”) and operates, occupies, and uses the main apartment. (2) Articles 3 and 12 of the Management Rules of the instant main apartment (hereinafter “Management Rules”) provide that, other than the sectional owners, the Plaintiff bears the obligation to comply with the Management Rules, as a person who is not a sectional owner and who is entitled to use the building subject to management pursuant to the Management Rules, the “user” who occupies and uses the main apartment shall also be liable for the collection of management expenses, etc. on the premise that the “user” also has the obligation to pay management expenses.

3) The Plaintiff imposed management expenses on the Defendant, etc. based on these management rules, and the Defendant has paid management expenses in response thereto. However, the Defendant began to delay the payment of management expenses for May 2018 and failed to pay management expenses for the total amount of KRW 15,131,670 (hereinafter “management expenses in arrears”) from July 28, 2018 to December 2018 as of January 28, 2018.

B. According to the above facts of recognition, the defendant is obligated to pay 15,131,670 won of management expenses in the instant case and damages for delay to the plaintiff, except in extenuating circumstances.

2. As to the defendant's argument

A. 1) The defendant's argument that the method of calculating the management fee is illegal. According to Article 4 (1) and attached Table 1 of the management rules, commercial buildings are not included in the management subject of the management rules.

In addition, the ratio of apartment and commercial buildings to the number of households is 7 to 8:1, and 1.76:1, and apartment houses are considered residential spaces.