A. The Plaintiff is a management body comprised of sectional owners of a building A (hereinafter referred to as “instant commercial building”) located in Yeongdeungpo-gu, Gyeonggi-do. The Defendant is a sectional owner who acquired ownership by receiving a decision to permit the sale of the building No. 601 of the sixth floor among the instant commercial buildings in the D Voluntary Auction Procedure at the Suwon District Court on October 16, 2012 (as a result of division into January 31, 2013, part of the building became No. 602 of the sixth floor; hereinafter referred to as “instant store”).

B. From September 13, 2010 to September 30, 2014, the sectional owners of the instant commercial building concluded a contract on the consignment management of the building management related to the instant commercial building with the company that is the entrusted management entity (hereinafter “Nonindicted Company”), and entrusted the management to the Nonparty Company.

C. The Plaintiff is autonomously managing the instant commercial building from October 1, 2014.

Meanwhile, the management expenses for common areas among the management expenses from November 2008 to October 201, 2012 imposed on the former owner E with respect to the instant store are KRW 71,007,186 in total as stated in the current status of the unpaid management expenses for common areas in attached Form 6.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers), the purport of whole pleadings

2. Determination

A. Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides that a claim against a special successor of a co-owner against another co-owner with respect to a common area can be filed, regardless of whether the co-owner wishes to succeed to the claim, because the common area of an aggregate building is contributed to the interest of all co-owners and should be jointly maintained and managed, and it is necessary to guarantee a claim among co-owners with respect to expenses incurred in order to properly maintain and manage the common area. < Amended by Act No. 7908, Jun. 29, 2006>