Text
1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is a management body of an officetel of three underground floors and a 13-story aggregate building in Seo-gu Daejeon-gu, Daejeon-gu (hereinafter “instant officetel”).
B. On January 9, 2017, the Defendant acquired the ownership of the instant officetel No. 9 D (hereinafter “instant partitioned building”) in the voluntary auction procedure.
C. The former owner E of the instant sectioneded the amount of KRW 3,660,670 [the amount of KRW 1,604,340 [the amount of KRW 1,370 (from July 2014 to June 6, 2015)] 685,470 (from July 2015 to June 2016) was overdue.
The Defendant paid the total of KRW 3,211,145 won on August 18, 2017 and KRW 1,500 on October 1, 2017 as management expenses for common areas in arrears by the former owner E, and KRW 3,211,145 on October 7, 201.
E. The main content of the management rules of the instant officetel is as follows.
Article 9-2 [Calculation Basis of Management Expenses] (1) Calculation Form: The area of sale of a building (the area of exclusive ownership = the registration number) = the area of sale of a building converted into the total area ratio.
(2) Where the management committee of a managing body deems it necessary, it may add expenditure items and pay a certain amount of business promotion expenses to the manager every month.
Article 36 (Management Expenses, etc.) (1) The management expenses shall be the sum of the monthly amounts for the following items, and the composition details and methods of calculating them shall be prescribed by the Decree on the Management of Multi-Family Housing and attached Table 2, and the method of calculating the amount to be borne by each unit shall be governed by the principle on the user's burden
1. General management expenses;
2. Cleaning expenses;
3. Deleted ( March 25, 2002);
4. Disinfection expenses;
5. Maintenance expenses for entrance fees;
6. Heating and cooling expenses;
7. Expenses for hot water supply;
8. Repair and maintenance expenses (including expenses for cleaning air-conditioning and cooling facilities, expenses for cleaning clean water, expenses for audience assignment and sewage purification facilities, expenses for maintaining TV subscription facilities jointly used, expenses for maintaining satellite antenna facilities, etc.). (2) The management authority shall not collect management expenses under any pretext other than those provided for in the subparagraphs of paragraph (1).
However, insurance premiums, liftings, etc. for the whole of buildings under Article 14.