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1. The Defendant shall pay to the Plaintiff KRW 47,339,740 and a rate of KRW 20% per annum from June 20, 2014 to the date of complete payment.
Reasons
1. Basic facts
A. On April 28, 2010, the Plaintiff operating a multi-family housing management business entered into a contract for the management and the collection of management expenses of the instant building, which was entrusted with the management and management of the instant building, and renewed the management contract under an agreement with the management body of the instant building, which was a company conducting the construction of the 4th floor underground and the 12th floor 12th floor above the instant building (hereinafter “instant building”).
B. Meanwhile, the Defendant, among the instant buildings owned by Songia Co., Ltd., was awarded a successful bid on or around October 24, 2013 and completed the registration of ownership transfer by winning a compulsory auction on or around October 24, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. Determination as to the cause of action
A. Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides for special provisions on the ownership and management of an aggregate building so that a special successor of a multi-family housing succeeds to delinquent management fees for a common use area shall be granted the interest of all the co-owners, and the claims between the co-owners on the expenses incurred in order to promote the appropriate maintenance and management thereof shall be particularly guaranteed. Since Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides for special provisions on the management fees for a common use area, the part on the management fee for a special successor of a multi-family building in the management agreement shall be deemed as valid as it is based on the above provisions,
B. (See, e.g., Supreme Court Decisions 2001Da8677, Sept. 20, 2001; 2005Da65821, Feb. 22, 2007).
Facts of recognition
According to the overall purport of Gap evidence Nos. 9 through 11 (including various numbers), general management expenses, repair and maintenance expenses incurred in relation to subparagraph 402 of the instant building from December 2, 2010 to April 2014.