The Plaintiff is the manager of Guro-gu Seoul Metropolitan Government Condominium (hereinafter referred to as the “instant condominium”), and the Defendant is the sectional owner of the first floor 036 of the said condominium building (hereinafter referred to as the “instant store”).

The Plaintiff imposed management expenses on the Defendant in accordance with the management body agreement of the instant aggregate building, and the Defendant delayed the payment of the management expenses and late payment fees of KRW 30,596,540 (the late payment fees of KRW 23,780,600) from October 2013 to August 2015.

[Ground of recognition] In light of the facts without dispute, Gap 1 through 7 evidence (including branch numbers if there is a serial number), and the facts of the above recognition as to the ground for a claim as a whole of the pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from November 11, 2015 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff as to KRW 30,596,540 and the principal amount of KRW 23,780,60.

The Defendant asserted that the instant store was located at the time of the first sale, but the Defendant did not have any obligation to pay management expenses, since the Plaintiff continued to refuse such demand and did not use or benefit from the instant store by engaging in tort.

The management expenses imposed by the Plaintiff include the part concerning the section for exclusive use, but the Defendant is unable to use the store in this case due to the sale or lease, etc., and thus, the management expenses for the section for exclusive

Judgment

According to the reasoning of the judgment on the assertion No. 1, the Plaintiff is deemed to have notified the Plaintiff of his intention to occupy a beauty room and a brokerage shop business around January 26, 2016, but the instant delinquent management expenses are related to the portion up to August 2015, and the Defendant expressed his intention to occupy a business type above.