1. The Defendant’s KRW 61,029,954 as well as the Plaintiff’s KRW 5% per annum from February 5, 2016 to April 21, 2017.

1. Facts of recognition;

A. The Defendant was the owner of Seocho-gu Seoul Metropolitan Government building C (hereinafter “instant building”) No. D, E, and F (hereinafter “instant heading”). The Plaintiff was awarded a successful bid for the instant heading on January 8, 2016 and completed the registration of ownership transfer on the same day.

B. The Defendant, while owning the instant heading, failed to pay a total of KRW 81,386,182 of the management expenses for the portion from December 2012 to November 2015, and among them, the management expenses for public use are KRW 61,029,954.

C. On February 5, 2016, the Plaintiff paid KRW 61,029,954 to the C management body, which is a controlled entity of the instant building, the Defendant overduely paid the common use management fees for the instant heading rooms.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including additional number), and the purport of the whole pleadings as a result of the inquiry reply to the C management body of this court

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the plaintiff, as a special successor to the sectional ownership of an aggregate building, has acquired the obligation for delinquent management expenses for the common areas of the defendant, who is the former sectional owner of the sectional ownership (see, e.g., Supreme Court Decision 2006Da50420, Dec. 11, 2008). The plaintiff and the defendant should bear the joint and several liability in relation to the C management body, which is the creditor of the delinquent management expenses. However, the defendant was jointly exempted from liability by paying to C management body the delinquent management expenses for the common areas that occurred during the period in which the plaintiff owned the instant

Therefore, the defendant is obligated to pay to the plaintiff 61,029,954 won and damages for delay at each rate of 5% per annum prescribed by the Civil Act from February 5, 2016 to April 21, 2017, the delivery date of a copy of the complaint of this case from February 5, 2016 to April 21, 2017, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.