1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. Basic facts

가. 원고는 대전 중구 C에 소재한 집합건물인 A오피스� 상가(지하 4층, 지상 15층)의 관리단이고, 피고는 2009. 5. 26. 임의경매 절차를 통하여 위 상가의 지하1층 중 제4호 및 제5호(이하 통칭할 때에는 ‘이 사건 각 점포’라 하고 개별적으로는 각 호실 번호로 지칭한다)를 매수한 구분소유자이다.

B. From the notification of subparagraph 4 to the notification of January 2, 2015, the Defendant unpaid KRW 788,700 and late 81,440, and KRW 7,677,01 and late 701,630 in total from the notification of subparagraph 5 to the notification of subparagraph 5 on December 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 7, 8, Eul evidence 2 (including each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant, barring special circumstances, prepared a ledger (Evidence A 1) at the time of the instant lawsuit by the Plaintiff within the scope of KRW 9,248,780, which is the sum of the unpaid management expenses, etc. for each of the instant stores within the scope of KRW 9,238,50,00 for the Plaintiff, barring special circumstances, and subsequently, deemed to have additionally incurred KRW 10,280 for the overdue management expenses for the portion on December 2014 and January 2015.

(See Evidence No. 8). Among them, there is a duty to pay damages for delay for the principal amount of management expenses of KRW 8,465,710.

3. Judgment on the defendant's defense, etc.

A. The Defendant asserts to the effect that the Plaintiff bears the late payment charge due to the delinquency in the management expenses of the former sectional owner. However, in light of the purport of the entire argument in the statement No. 10, the amount equivalent to the late payment charge that the Plaintiff raised by the instant lawsuit shall be determined as the late payment charge due to the delinquency in the management expenses after the Defendant acquired the sectional ownership of each of the instant stores, and the amount that the Plaintiff raised by the instant lawsuit includes the late payment charge due to the delinquency of the former sectional owner.