2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff has been managing Atel located in Jeonju-si C (hereinafter “instant officetel”), and the Defendant is the owner of the instant officetel 213, who completed the registration of ownership transfer on the ground of sale on December 28, 2014, with respect to the instant officetel 213 on January 20, 2015.

B. The relevant provisions of the Management Rules of the Officetel Self-Governing Management Operating Committee are as follows.

Article 12 (Duties of Occupants, etc.)

2. Occupants, etc. shall bear each month management expenses and special repair reserve funds required for the maintenance and management of officetels common use, etc.

Article 14 Succession to Management Obligations

1. The operating committee shall exercise a claim on management expenses, fees for use and allowances for special repair even for a successor to the status of the owner;

C. With respect to the instant officetel 213, KRW 2,267,731 was unpaid from January 2013 to June 2016.

From around 2005, the Plaintiff closed the entrance of the second floor of the instant officetel (hereinafter “the instant closure measures”), and thereafter, the owner of the instant officetel 213 or the Defendant, who was the specific successor, was unable to use and make profits therefrom.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid management amount from January 2013 to January 19, 2015 (see, e.g., Supreme Court Decision 2004Da3598, 3604, Jun. 29, 2006), and the unpaid management amount from January 20, 2015 to June 2016, and delay damages for each of the above amounts.

B. As the Defendant did not use and make profits from the instant officetel 213 due to the Plaintiff’s obstruction of illegal use, the Defendant is obligated to pay management fees to the Plaintiff.