1. Of the judgment of the court of first instance, KRW 5,69,286 against the Plaintiff and its related thereto, from May 15, 2018 to January 9, 2020.

Facts of recognition

The plaintiff is the council of occupants' representatives of the building A in Seo-gu, Busan, and the defendant purchased A building D (hereinafter referred to as "D") in the auction procedure of real estate C in the Busan District Court around December 2017.

Article 13(1) of the A Building Management Rules provides that “The management authority may exercise a claim against management expenses, user fees, and reserves for long-term repairs against a person who has succeeded to the status of the occupant.”

Of management expenses imposed on D, the unpaid amount is KRW 1,504,756 from April 2015 to December 2016, KRW 2,081,172 in 2016, KRW 2,096,731 in 2017.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 2, 4, 5, Eul's evidence Nos. 1 and 3, and the summary of the parties' assertion of the whole purport of the pleading, the management fee for plaintiff Nos. 8,808,70 won for the period from February 2014 to December 2017, which was unpaid by all sectional owners.

The unpaid management expenses for the section for common use of an aggregate building shall be succeeded to the person who has acquired the partitioned ownership, and the defendant shall pay 8,808,770 won and damages for delay to the plaintiff.

The claim for the delinquent management expenses of the former sectional owner cannot be made available to the present sectional owner.

The Plaintiff, the former sectional owner of the Category D, did not see the collection of management expenses for the “stock company E”, and the “F” was delayed and failed to collect the management expenses.

It is unreasonable to seek this from the defendant.

The defendant shall bear the delinquent management expenses for the section for common use by all sectional owners.

Even if the plaintiff seeks 8,808,770 won, it should be deducted because it includes not only management expenses for common areas but also management expenses for exclusive areas.

Judgment

Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides that the claim that a co-owner holds against another co-owner with respect to a common area may be exercised against the special successor, which is the common area of an aggregate building.