1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

In the absence of dispute, the Defendant is the owner of the instant commercial building Nos. 101 through 104 (hereinafter referred to as “instant commercial building”) under C’s ground level 1 and 5’s ground level 4 (hereinafter referred to as “instant commercial building”) at Silung-si, and the management expenses of KRW 154,894,278 in total were overdue from September 2012 to April 2015, and the fact that the Defendant may impose and collect management expenses against the Plaintiff is not a dispute between the parties.

According to the above facts of recognition as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff the unpaid management expenses of KRW 154,894,278 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 5, 2015 to the day of full payment, as requested by the plaintiff.

The defendant's assertion argues that he leased the store of this case to a third party, that the third party, who was the lessee, closed the commercial building of this case without paying the management expenses, and that the commercial building of this case was not used since December 2009. Thus, since the commercial building of this case was not used, the management expenses imposed on the exclusive part of the commercial building of this case are erroneously imposed, and that himself is liable to pay only the management expenses imposed on the common part of the commercial building of this case.

According to the records of evidence No. 7, Article 7-1 of the management rules of the above B B management group, it is recognized that "management expenses, electricity charges, water rates, gas charges, telephone charges, viewing fees, etc. of private users" are "management expenses for the maintenance and management of facilities, joint electricity, joint water supply, garbage collection expenses, disinfection expenses, cleaning expenses, special repair expenses, etc." as joint apportionment management expenses, and Article 7-2 (7) provides that "management expenses for a shop and office located in a non-occupant store shall not be requested for arrears of management expenses due to a non-occupant, and in such cases, the owner shall pay them."

① However, the commercial building of this case is located on December 2009.