1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. Basic facts

A. On May 27, 2008, the Plaintiff, Selected B, C, and D (hereinafter “Plaintiffs, etc.”) completed the registration of ownership transfer on May 26, 2008 with respect to each of 1/4 shares of the third floor of K buildings on three lots, including Gangdong-gu Seoul, G (hereinafter “instant building”) 301 (hereinafter “instant store”).

B. On June 16, 2009, the Plaintiff et al. paid KRW 31,362,987 to the controlled entity of the instant building the aggregate of the management expenses for common areas during the period from November 1, 2006 to May 31, 2009 (hereinafter “instant dispute period”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. During the dispute period, the Defendant, including the Plaintiff, operated a massage place at the instant store during the dispute period, and paid the Plaintiff, etc. in arrears despite the duty to pay management fees.

Therefore, the defendant is obligated to pay the plaintiff, etc. the amount equivalent to the above amount of reimbursement.

B. The Defendant asserted to the effect that he was only an employee in charge of management employed by LA operating a massage place in the instant store, and that the obligation to pay management fees is not the lessee, and that the management fees for common areas paid by the Plaintiff et al. are the special successor of the instant store and the Plaintiff et al. succeeded to it.

3. Determination

A. According to the evidence No. 7-1 of this case, under the management rules of April 26, 2007 of the management body of the building of this case, the "occupant" bears the obligation to pay the management expenses each month (Article 34(1)), and at the time when the lease contract expires, the lessor is responsible for the "management expenses that are at issue due to the lessee's default (Article 35(3))" (Article 35(3). Thus, the occupant or lessee who actually occupies or uses the store of this case is obligated to pay the management expenses imposed on the store of this case first.