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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. Basic facts
A. The Yeonsu-gu Incheon Metropolitan City G (hereinafter “instant building”) is an aggregate building that was approved for use on or around December 2010 and consists of P-H consent commercial Dong and Q-dong residential Dong (multi-family housing).
B. On September 20, 2010, the Defendant, the executor of the instant building, entered into a building management contract for the instant building (hereinafter “instant management contract”) with C Co., Ltd. (hereinafter “C”), and C has managed the instant building in accordance with the said management contract and the management rules enacted thereunder (hereinafter “instant management rules”), and collected management expenses from the sectional owners and occupants of the said building.
C. From the Defendant, on April 8, 2013, the Plaintiff and the Appointor F purchased Hdong Nos. 1 from the instant building (hereinafter referred to as “Hdong”); ② Selection D and F purchase J and K from the shop Hdong Nos. 8 of April 8, 2013; ③ The Plaintiff and the Appointor E purchased the store Hdong Nos. 14 and Ma on June 14, 2013; and around that time, the registration of the transfer of ownership is completed in the name of each Plaintiff and the Appointor L and KS (hereinafter referred to as the “Plaintiffs”).
On the other hand, on November 9, 2012, before the plaintiffs purchased the instant store, N entered into a lease agreement with the defendant on the instant store, and operated the general restaurant of “O” at the said store. Since May 1, 2013, N did not pay management fees and late fees incurred in relation to the instant store.
Accordingly, on June 10, 2014, C filed an application with N to the Incheon District Court for a payment order seeking payment of KRW 54,931,510 in aggregate of the management expenses and late fees for the store of this case. On June 25, 2014, the Incheon District Court issued the relevant payment order order as the head of the Incheon District Court issued on June 25, 2014, and the said decision became final and conclusive on August 30, 2014.
E. C is difficult to collect claims, such as management expenses, due to N's insolvency.