관리비
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. Facts of recognition;
A. The Plaintiff is a management body comprised of sectional owners of the Gyeongsan A building (hereinafter “instant building”).
B. On January 15, 2012, C leased all the two floors (total area of 2,367.9 square meters) and three floors of the instant building to D, and D subleted part of the two floors of the instant building to E on February 14, 2012, and E subleted on May 1, 2014, the total area of 224 through 237 units (total area of 930.94 square meters and 39.3% of the total area of the two floors of the instant building; hereinafter “instant commercial building”).
C. From May 1, 2014, the Defendant occupied and operated the instant commercial building from around F with the trade name of F, and left the place of business around November 2015, and completed the report on closure of business on January 25, 2016.
The Plaintiff issued a payment order (hereinafter “instant payment order”) to the Plaintiff on June 23, 2015, stating that “E did not pay KRW 33,708,100 for the instant second floor from December 2, 2014 to May 2015,” under the Daegu District Court Decision 2015Hu824, the Plaintiff filed an application for payment order, and “E from the above court” was issued a payment order (hereinafter “instant payment order”).
E. From December 2, 2014 to September 2015, the unpaid management expenses for the second floor of the instant building are KRW 49,778,140, and such unpaid management expenses are KRW 19,562,80 upon conversion into the proportion of the area of the instant commercial building (i.e., KRW 49,778,140 x KRW 39.3% and KRW 10 x (hereinafter “instant unpaid management expenses”).
F. D based on the collection order against the Defendant based on the Daegu District Court Decision 2015Da41623, the Daegu District Court filed a lawsuit against the Defendant on the claim for collection of management expenses, etc. against the instant commercial building in which E had against the Defendant, and received partial winning judgment from the above court on October 13, 2016 (hereinafter “instant judgment”).
G. A commercial building management rules (No. 14, hereinafter “instant rules”) include the following provisions.