1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. The Plaintiff is a management body of the Jung-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”) under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), and is entitled to impose and collect management expenses and additional dues from the occupants, etc. due to overdue delay.

B. On June 28, 2012, the Defendant and the Defendant’s ancillary C purchased the instant apartment 506 by voluntary auction, and completed the registration of ownership transfer of each of 1/2 shares on June 28, 2012.

C. At the time when the Defendant and C acquired ownership under the above 506, D, the former owner, was unpaid management expenses from December 2, 2007 to May 2012, 2012. Of them, the management expenses for public use from December 2007 to August 2009 are KRW 2,817,283, and the remainder period of public use management expenses are KRW 4,435,349.

[Ground of recognition] Facts that this court is obvious or has no dispute between the parties, Gap evidence Nos. 1 to 3, 10-1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 18 of the Aggregate Buildings Act provides that "the co-owner may exercise his/her right against another co-owner with respect to the common area against the special successor." This is because the common area of an aggregate building is provided for the benefit of the whole co-owner, and thus, it should be jointly maintained and managed and the claim between the co-owner with respect to the expenses incurred in order to properly maintain and manage it is necessary to guarantee it in particular, and there is a special provision to allow the special successor of the co-owner to make a claim against the special successor regardless of his/her intention to succeed (see, e.g., Supreme Court en banc Decision 2001Da8677, Sept. 20, 201). Meanwhile, since the acquisition of ownership by auction is acquired by succession in nature, the buyer who acquires the sectional ownership from auction shall be the special successor as provided for in