A. On November 27, 2017, the Plaintiff (Appointed Party) and the Selected Party C (hereinafter “Plaintiffs”) acquire one fifth of each of the first floor F (G) of the land E-building No. 1, Jongno-gu Seoul, and one story E (hereinafter “main building”) from Jongno-gu, Seoul, and completed the registration of ownership transfer on December 15, 2017.

(S) Three-fifths shares were acquired by public sale on the same day by Non-Party H Co.

On November 9, 2016, Defendant (A) received a written confirmation from the superstore manager under Article 12(3) of the former Distribution Industry Development Act (amended by Act No. 14997, Oct. 31, 2017) from Jongno-gu.

C. The Defendant applied for a payment order against the Plaintiffs for the overdue management fee from December 2, 2016 to November 2017 by J, the former owner of the instant commercial building, and the payment order stipulated in Paragraph (1) of the Disposition became final and conclusive.

The plaintiffs jointly and severally pay to the defendant 2,636,950 won and 2,216,490 won among them to the defendant from November 21, 2019, and the plaintiff C shall pay 24% interest per annum from December 14, 2019 to the day of full payment.

【Ground Nos. 1 and 1 through 5】

2. The assertion;

A. (1) The management fee for the section for common use for which the previous owner did not pay is overdue due to the absence of the shop occupants, and the shop occupants did not pay overduely. Thus, the E-building management body, which is an organization of sectional owners, has the authority to collect it, and there is no authority to collect it from the Defendant who is organization of shop occupants

Shebly, since part of the commercial building was illegally leased to neighboring stores (K: L), and the 1,200,000 won was required for restoration to its original state, the illegal use, profit, and restoration expenses should be deducted from the overdue management expenses. Since the plaintiffs were unable to use or make profit from the commercial building, the plaintiffs do not succeed to the overdue management expenses.

The management fee in arrears should be imposed on the H Co., Ltd. or all co-owners, which is a majority right holder.