A. On June 3, 2015, the Plaintiff is a controlled entity that manages the above commercial building upon entrustment of the management of the member B shop in Ansan-si, and the Defendant purchased the said B shop No. 301 (hereinafter “instant commercial building”) in the auction procedure for the Ansan-gu Seoul District Court’s Ansan-si Seoul District Court (hereinafter “instant commercial building”) and acquired its ownership.

B. The management expenses for the section for common use incurred from August 2013 to February 2, 2018 for the instant commercial building are KRW 7,704,080 [the management expenses for the section for common use = KRW 6,030,550 (the management expenses incurred from August 2, 2013 to December 2016)]. The management expenses for the section for common use incurred from the Defendant’s acquisition of ownership for the instant commercial building are KRW 1,961,10 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7 through 9, Eul evidence 1 (including each number in case of additional evidence) and the purport of the whole pleadings

2. Determination

A. The management expenses for the section for common use that is succeeded to a specific successor of the former sectional owner of an aggregate building, as well as the expenses disbursed for the direct maintenance and management of the section for common use of an aggregate building itself, and the expenses disbursed for the maintenance and management of the entire section for exclusive use, including sections for exclusive use, inasmuch as it is necessary to maintain and manage the aggregate building uniformly for the common interest of all occupants, and the expenses that should not be disbursed uniformly are not clearly divided into the expenses used for the part that is actually and specifically reverted to the individual interest of the occupants, it shall be deemed that all of them are included.

On the other hand, the late payment charge imposed when the payment of the management fee is overdue is a kind of penalty, and the special successor of the former sectional owner succeeds to the delinquent management fee for the section for common use, and the payment of the management fee is overdue.