A. The Plaintiff is a person in charge of the management of A building located in Kimhae-si (hereinafter “instant building”) and its site and its accessory facilities.

B. On May 25, 2011, the Defendant acquired the sectional ownership of 801, 802, 803, 804, 805, and 901 (hereinafter “instant store”).

C. At the time when the Plaintiff acquired the ownership of the instant store, the management fee for the section for common use for the instant store was overdue because the former sectional owners did not pay the management fee properly.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. The former sectional owners of the instant store asserted by the Plaintiff failed to pay management expenses from January 2006.

The management expenses from January 2006 to April 2013 are KRW 147,631,760 in total and paid KRW 105,463,080 among them. Thus, if the amount paid in accordance with the principle of prior selection is appropriated for the credit for the management expenses, the unpaid management expenses are KRW 42,168,680 in advance.

The Defendant is obligated to pay KRW 42,168,680 to the Plaintiff, as it succeeds to the management expenses for common areas of the former sectional owners pursuant to Article 18 of the Act on the Ownership and Management of Aggregate Buildings.

3. Determination

A. The Defendant, who incurred the Defendant’s liability to pay the management expenses for the section for common use before May 25, 201, is the special successor to the instant store for the management expenses for the section for common use in arrears, and the Defendant, as the owner of the instant store after May 25, 201, bears the obligation to pay the management expenses for the section for common use.

B. Following the amount of the overdue management expenses that the defendant shall pay to the plaintiff, the determination of the health expenses, the repayment of the expenses, and the defense of extinctive prescription, generally, shall be made after the determination of the existence of substantive rights. However, concerning the specific items and amount of the overdue management expenses that the defendant should pay to the plaintiff.