1. The Plaintiff’s portion of exclusive ownership that occurred before June 4, 2019 with respect to the real estate indicated in the separate sheet against the Defendant.

1. Facts of recognition;

A. On June 4, 2019, the Plaintiff acquired ownership by fully paying the successful bid price for real estate listed in the attached list, which is an aggregate building (hereinafter “instant apartment”).

B. On July 4, 2019, the Plaintiff paid to the Defendant KRW 2,440,785 of the management expenses for common areas among the delinquent management expenses incurred by C, which was the previous owner of the instant apartment.

C. The Defendant urged the Plaintiff to pay KRW 1,345,575 of the management fee for the section for exclusive use among the delinquent management fee for C in arrears and the late payment charge therefor.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 3, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the claim is that C’s obligation to pay management fees, etc. for the portion of exclusive ownership in arrears does not succeed to the successful bidder’s apartment of this case.

In regard to this, the defendant asserts that Article 8 (1) of the Management Rules of the apartment of this case provides that "this Code shall have its effect on the person who succeeded to the status of the tenant (including the person who acquired it by a successful bid)," and therefore, the plaintiff shall be liable to pay management fees for the section for exclusive use in arrears and the late payment charges therefor

B. 1) Determination 1) The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) provides that even if the management rules on apartment buildings stipulate that a person who succeeds to the status of an occupant, including a successful bidder, shall exercise the claim for delinquent management expenses, shall not prejudice the rights of a person other than a sectional owner

In light of Article 28(3), allowing the management rules to succeed to the assignee of the delinquent management expenses of the former occupant exceeds the limits of the enactment of the management rules, which are the autonomous rules of the occupants, as matters related to rights and obligations between the persons other than the occupants, and infringe on the fundamental rights of the individual.