1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. (1) The Plaintiff is a management body established for the purpose of carrying out the project on the management of the building site and its appurtenant facilities of the Ku Government-si Apartment Complex Building, and Defendant B and C are the owners of the said A Apartment Complex Building Building (hereinafter “the instant commercial building”) through 101 to 109 of the underground floor, and Defendant Home Plus Co., Ltd. (hereinafter “Defendant Home Plus”) is the lessee who is operating Schlage by leasing part of the buildings owned by Defendant B and C.

(2) Defendant B and C transferred ownership on March 31, 2015 with respect to the total area of Nos. 101 through 109 of the 1st underground floor of the instant underground commercial building, which was 1828.40 square meters.

However, the commercial building of this case did not pay management expenses for common areas, such as cleaning expenses, garbage collection expenses, personnel expenses of the manager, etc. from around 2011 when D owned by D, and Defendant B and C who acquired ownership through voluntary auction did not pay management expenses for each month.

In addition, Defendant Home Plus also operating Schlage by leasing part of the instant commercial building, from May 2013, Defendant Home Plus did not pay management fees to the present time.

(4) According to Article 42(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the regulations and the resolution of a management body meeting shall also have the effect on the special successor of the sectional owner. Thus, the management fee for the section for common use shall be succeeded to by the previous sectional owner of the management fee in arrears

However, management expenses fall under the short-term extinctive prescription of three years under Article 163 of the Civil Act, and the outstanding amount of management expenses of the former owner D succeeded to Defendant B and C is from January 9, 2013 to March 30, 2015, which is before the Defendants acquired ownership. From March 31, 2015 to January 8, 2016, the date when the lawsuit was filed in this case.