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1. According to the expansion of the purport of the claim in the trial, the judgment of the first instance is modified as follows.
The defendant is against the plaintiff.
Reasons
1. The Plaintiff is a company that concludes an entrustment contract for building management with the management body of D Condominium Buildings located in Gangnam-gu Seoul Metropolitan Government and two parcels, and performs management duties, such as imposition and collection of management expenses for the said aggregate building.
Articles 3 and 36 of the Management Rules of the Aggregate Building refers to the sectional owner (or his/her agent) of the section for exclusive use as the "occupant", and the management rules or the resolution of the management council shall also be effective for the special successor of the tenant, and the special successor of the tenant shall also be liable for the obligation of the tenant incurred prior to his/her succession in accordance with the management rules or the
The E Co., Ltd. (F) was the occupant of G from the above aggregate building (hereinafter referred to as “instant building G”) in arrears with KRW 21,759,350 for the management expenses for the section for common use incurred from October 201 to January 2016.
On July 12, 2017, the Defendant purchased the building G head of the instant building at an auction procedure and acquired the ownership thereof, and was delinquent in paying 2,674,840 won for management expenses incurred from February 2018 to July 2018 during the instant lawsuit.
[Grounds for Recognition: Each entry of Gap 1 to 11, 13 through 16 (including paper numbers), and the purport of the whole pleadings]
2. According to the facts of the judgment on the grounds of the claim, the defendant shall be deemed to have acquired the obligation for the management expenses for common areas incurred before the succession as the special successor of the tenant of the building G of this case. Thus, barring any special circumstance, the defendant shall claim damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 4, 2017 to the date of complete payment, and damages for delay at the rate of 15% per annum under the same rate of 2,674,840, and damages for delay incurred after succession from the date of delivery of the copy of the complaint of this case to the date of full payment, as well as the amount of damages for delay from November 4, 2017 to the date of full payment.