2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a management body comprised of sectional owners of the building of 2nd and 5th above ground (hereinafter “instant building”) in Jung-gu, Incheon. On November 6, 2013, the “A Commercial Building Management Rules” (hereinafter “the instant management rules”) was first enacted by holding the inaugural general meeting of the management body.

Meanwhile, the Defendant is a sectional owner who acquired ownership on March 15, 201 through a voluntary auction procedure for the instant commercial building No. 501 (hereinafter “instant commercial building”).

B. D, the former owner of the instant commercial building, failed to pay the management fee, and the Plaintiff’s side took the measures to cut off the instant commercial building, and such measures were continued until May 2014, which was after the Defendant’s acquisition of ownership of the instant commercial building.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay KRW 16,345,719 of the management expenses from March 201 to March 2014, 2014, which is the time when the Plaintiff acquired the instant commercial building ownership. Moreover, from April 2009 to February 201, part of the unpaid management expenses from the owner D, which is 11,454,280 of the unpaid management expenses from April 2009 to February 201, the Defendant, who is the special successor, is obligated to pay the unpaid management expenses. 2) The Defendant’s assertion that the unpaid management expenses of the Plaintiff’s claim was extinguished, or the building was not used and profit-making due to the unlawful use obstruction on the part of the Plaintiff. Therefore, there is no obligation to pay the management expenses.

B. Determination 1) The management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) does not exist, even if there is no management body regulations, etc. regarding the collection of management expenses, at least management expenses for common areas pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).