관리비등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The reasoning of this court’s acceptance of the judgment of the first instance is as stated in the reasoning of the judgment of the first instance except for the Defendant’s determination as to the part claimed by adding or emphasizing the Defendant to or emphasizing the above court.
2. Additional determination
A. Defendant’s assertion (1) The Plaintiff is not a manager under the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”) but a superstore manager under the Distribution Industry Development Act.
Therefore, the plaintiff can impose and collect management expenses to maintain and manage the superstore, etc. only only only to the shop occupants who actually operate the commercial building, and there is no authority to impose or collect management expenses from the defendant, who is a mere sectional owner who does not operate or lease the commercial building.
(2) If the overdue management fee is to be succeeded to the special successor of the store, there is an autonomous agreement stipulating the succession of the management fee, and the claim shall be made by the co-owner.
However, there is no agreement that the special successor of the store of this case succeeds to the overdue management expenses, and ② The plaintiff is not the co-owner of the commercial building of this case, and thus the plaintiff cannot seek the payment of overdue management expenses to the defendant.
(3) Even if the Defendant succeeds to overdue management expenses, KRW 35,426,254, and KRW 12,510,845, which are merely heating, cooling, and electricity costs for exclusive portions, out of the amount claimed by the Plaintiff, shall not be succeeded to the Defendant, since it is not a claim for common areas, which is not a claim for common areas.
B. Determination as to the existence of the right to claim management expenses (1) The duties of the superstore manager impose and collect management expenses, which are expenses incurred in the maintenance and management of the superstore, on the merchants operating the superstore by leasing from the sectional owners or from them.