Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. The Plaintiff is a management body established for the purpose of implementing the business of managing commercial buildings located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City.

On December 13, 2017, the Defendant is a person who has acquired the sectional ownership of the said commercial buildings from D, E, F, and G (hereinafter “instant commercial buildings”) in a voluntary auction procedure.

B. In relation to the instant commercial building, the unpaid management expenses for the section for common use by the former owners from June 2013 to December 12, 2017 are KRW 59,79,500, and the unpaid management expenses for the section for common use from December 13, 2017 to February 2018 by the Defendant are KRW 2,865,200.

[Reasons for Recognition] Each entry of evidence Nos. 1, 3, 4, 5, 7, 12, 13, 16, and 17, and the purport of the whole pleadings

2. Determination

A. Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) provides that “If a sectional ownership relation to a building is established with respect to the cause of the claim, a management body shall be established with the entire members of sectional owners for the purpose of executing the business of managing the building and its site and its appurtenant facilities.” Article 23-2 of the Act on the Ownership and Management of Aggregate Buildings provides that “The management body shall exercise or perform the rights and duties of the sectional owners necessary for the common interest concerning the management and use of the building with due care as a good manager.” Article 17 of the Act on the Ownership and Management of Aggregate Buildings provides that “Each co-owner shall bear the management costs of the common area and other obligations according to the ratio of his/her share and obtains profits accruing from the common area unless otherwise provided by the regulations.” Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides that “The claims that the co

According to the above facts, the defendant, as a special successor to the commercial building of this case, shall be KRW 59,79,500 for the management fee for the common area unpaid by the former owner, unless there are any special circumstances.