1. The Plaintiff’s Defendant from November 1, 2012 to March 20, 2014 regarding B apartment 1101 in Gwangjin-gu, Seoul.

1. Basic facts

A. On October 7, 2013, the Plaintiff purchased B Apartment 1101 (hereinafter referred to as “instant apartment”) in the Seoul Eastern District Court C auction procedure, and the Defendant is the council of occupants’ representatives consisting of B apartment owners, including the instant apartment.

B. At the time of the purchase of the instant apartment, the Plaintiff was unable to immediately move into the Plaintiff as the lessee D, who entered into a lease contract with the former owner, and D, who did not have any opposing power against the Plaintiff, intended to move into the Plaintiff in a state of unpaid management expenses on or around March 20, 2014, but the Defendant demanded the payment of management expenses and obstructed the directors, and the Plaintiff paid KRW 7 million to the Defendant on March 20, 2014.

C. D’s director on March 20, 2014, and the Plaintiff occupied around April 28, 2014.

Meanwhile, the sum of unpaid management expenses and late payment charges incurred by residents D during the period of October 2013, which was around the time when the Plaintiff acquired the ownership of the apartment in this case, exceeds KRW 7 million, and among them, the unpaid amount of management expenses for common areas was KRW 4,066,910.

In addition, the sum of unpaid management expenses and their late payment charges from November 2013 to March 20, 2014, which was around the time when D moved in the apartment of this case, is KRW 2,724,420.

E. The Plaintiff did not pay the management expenses incurred after D directors.

F. The Defendant continued to send the Plaintiff a notice of management expenses for unpaid management expenses, and urged the payment thereof, and the Plaintiff filed the instant lawsuit.

[Ground of recognition] Facts without dispute, purport of whole pleadings.

2. Determination

A. Under the management rules of the apartment complex, whether the unpaid owner succeeded to the management expenses for the section for common use by October 2013, the unpaid owner may also exercise the unpaid management expenses against the person who succeeds to the occupant’s status against the entire claim for the unpaid management expenses.

Even if the management rules do not infringe on the rights of a person other than the sectional owners.