상가미납관리비
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Plaintiffs of the first instance judgment.
1. Facts of recognition;
A. The Plaintiff is the managing body managing the building in Yangcheon-gu Seoul, and Defendant C is the sectional owner who acquired the ownership of the land control building No. 101 on April 8, 2008 (hereinafter “instant commercial building”) and the person who directly operated the instant commercial building from October 1, 2009 to October 31, 2010, and Defendant B was the lessee of the instant commercial building who leased the entire commercial building from Defendant C on October 6, 201 to October 31, 201, and was responsible for the payment of management expenses, but it is reasonable to claim the full amount of management expenses.
In addition, Defendant C agreed to bear and pay the management expenses of the commercial building of this case.
B. Defendant B paid only management expenses for three months from November 201 to January 201, 201 during the lease period of the instant commercial building, and Defendant B did not pay 8,505,000 won (=945,000 won x nine months) for the aggregate management expenses for nine months from February 2, 2011 to October 201.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including each number), Eul evidence 5 and 6 (as stated in Eul evidence 17) and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the defendants, as the lessee and the sectional owner of the commercial building of this case, are liable to pay the total amount of KRW 8,505,000 and delay damages to each plaintiff, unless there are special circumstances.
B. (1) As to the Defendants’ assertion, Defendant B entered into a contract with Defendant C to operate only a ticket and store, which is part of a private letter or a part of a store, and thus, it is unreasonable to claim the full amount of the unpaid management fee of this case. However, Defendant B leased the entire commercial building of this case from Defendant C.