1. Of the judgment of the first instance court, KRW 61,005,804 against the Plaintiff and its related amount from February 5, 2016 to February 19, 2019 against the Defendant.

1. Basic facts

A. The Defendant is the former owner of three heading rooms (H, I, and J) of the building C in Seocho-gu Seoul Metropolitan Government and two lots of land (hereinafter “instant heading rooms”) and the Plaintiff purchased the instant heading on January 8, 2016 during the voluntary auction procedure and completed the registration of ownership.

B. The Defendant was delinquent in the management expenses from December 2, 2012 to November 2015, 2015 with respect to the instant heading rooms. However, the Plaintiff paid KRW 61,029,954, which was classified as public management expenses among the Defendant’s above delinquent management expenses on February 5, 2016 according to the C management body’s guidance.

[Ground of recognition] without any dispute, entry of Gap evidence 1 through 3, fact-finding results on the C management body of the court of first instance, purport of whole pleadings

2. Determination:

A. According to the facts of the above recognition as to the cause of the claim, the plaintiff, as a special successor to the sectional ownership of the aggregate building, acquired the defendant's obligation to pay delinquent management fees for the common areas of the aggregate building (see, e.g., Supreme Court Decision 2006Da50420, Dec. 11, 2008). The plaintiff and the defendant shall be liable for the joint and several liability in relation to the C management body, which is the creditor of delinquent management fees. However, since the plaintiff paid the C management body the delinquent management fees for the common areas incurred during the period in which the defendant owned the instant title, the plaintiff may exercise the right to indemnity against the defendant within the scope

However, as to whether the 61,029,954 won paid by the Plaintiff both falls under the management expenses for the common area, the Plaintiff paid the delinquent management expenses for the common area calculated pursuant to the evidence No. 2 (detailed statement of the unpaid management expenses), but according to the evidence No. 10-1 and No. 11-3, the sum of the management expenses for the common area calculated by subtracting the electricity and the water supply fees from the management expenses for the Defendant’s default from December 1, 2012 to November 2015 = 61,005,804 won, = 23,354,608 won.