A. The Defendant is a sectional owner of the unit E (E; hereinafter “instant unit E”) of the 13th floor above the ground located in Seongbuk-gu, Sungnam-si and D, an underground 6th apartment building (hereinafter “instant building”) of the 4th floor E (hereinafter “instant unit E”).

B. On June 11, 2019, the Plaintiff concluded a management entrustment agreement with the instant building management office and entrusted all the management duties for the operation of the instant building management office and the maintenance of facilities. The management services included “the settlement, imposition, and collection of public charges and management expenses.”

C. F leased and occupied the instant sectional ownership building from the Defendant, and retired on February 9, 2020.

F leased and occupied the instant building G and H along with the instant sectional ownership building. From April 2018 to the date of in arrears in the management fees for the area of the instant sectional ownership, the management fees corresponding to the portion of the sectional ownership of this case shall be 64,494,055 won (the payment is completed on April 16, 2020) and the late payment charges calculated at the rate of 12% per annum on August 19, 2020 are 8,356,633 won.

Article 75(2) and (3), and Article 79(1) and (4) of the Building Management Rules are stipulated as follows.

Article 75 (Management Expenses) (2) A sectional owner shall pay management expenses incurred in the maintenance and management of an aggregate building to a management body.

(3) A possessor shall be jointly and severally liable with a sectional owner for management expenses incurred during the period of occupation of the section for exclusive use.

Article 79 (Collection of Management Expenses, etc.) (1) In order to collect management expenses, etc., a management body shall deliver a written notice stating the following matters to sectional owners, etc. ten days prior to the due date:

1. Indication of section for exclusive use;

2. Period for calculating management expenses, etc., amount by item and detailed details, and methods for calculation;

3. Deadline for and late payment;

(4) Where sectional owners, etc. fail to pay management expenses by the payment deadline, the management body shall be notified to sectional owners, etc. under paragraph (1).