A. The Plaintiff’s assertion 1) In order to manage the Seocho-gu Seoul Metropolitan Government Building A (hereinafter “instant building”), the Plaintiff is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”). The Defendant is a sectional owner of No. 116 and No. 127 of the first underground floor among the instant building (hereinafter “Defendant’s ownership”). 2) The Defendant did not pay the Defendant’s share of KRW 2,11,43 in total of the management expenses and late payment charges incurred from March 2015 to July 2015. Thus, the Defendant claimed against the Defendant for payment of the said money and late payment damages.

B. The defendant's assertion 1) It is doubtful whether the plaintiff has the authority to claim management fees to the defendant, and the lessee C should pay management fees for the portion of exclusive use among the management fees for the defendant's portion.2) Even though the actual area of exclusive use is smaller than the area of exclusive use on the register, the plaintiff calculated management fees for common use based on the area of exclusive use on the register, the management fees for common use and the management fees for exclusive use are not clearly distinguishable, and it is doubtful that the amount calculated is too excessive.

3. Since the Plaintiff gains profits from leasing part of the common areas of the instant building, the amount according to the ratio of the Defendant’s share among the pertinent profits shall be deducted from the management expenses.

2. Determination:

A. According to the provisions of Articles 17 and 25(1) of the Aggregate Buildings Act, even if there is no effective management organization regulation on the collection of management expenses, the management organization under the Aggregate Buildings Act may claim management expenses for the section for common use against the sectional owner, who is the obligor to pay it.

(Supreme Court Decision 2009Da22266, 22273 Decided July 9, 2009). Accordingly, the Plaintiff, who is a management body under the Act on the Ownership and Management of Aggregate Buildings, is the Defendant, a sectional owner of the part owned by the Defendant.