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1. The Defendants jointly do so to the Plaintiff, and each of the above amounts is 20,695,260 won, Defendant Canada Co., Ltd. and 14,502,657 won.
Reasons
1. Facts of recognition;
A. The Plaintiff is an organization comprised of sectional owners of the Geumcheon-gu Seoul Metropolitan Government Additional Digital 1ro 1 (Gasandong) (hereinafter “instant building”), and is in charge of the management and operation of the said building.
B. As to the instant building No. 704 among the instant building, Defendant Canada Co., Ltd. (hereinafter “Canadian”) owned the instant building after completing the registration of ownership transfer on November 9, 2012, 705, 706, and 707, respectively. From November 2014, 2014, Defendant Canada leased No. 707 among the instant building to Defendant Canada Co., Ltd. (hereinafter “Canadian”).
C. Among the instant buildings, the lower court rendered a voluntary decision to commence the auction of the instant building Nos. 704-707, and Defendant Canada acquired ownership by winning the bid Nos. 704-707 of the instant building in the said voluntary auction procedure on March 11, 2016.
During the period of possession of No. 704-707 among the building in this case, the defendant Kaki had unpaid management expenses of KRW 20,695,260 (including delayed payment) as shown in attached Table 1. The management expenses include general management expenses, management service expenses, repair and maintenance expenses, and elevator maintenance expenses, which constitute management expenses for the section for common use of the building in this case.
E. In addition, while Defendant Canada leased and owned Nos. 704-707 among the instant buildings, it did not pay the management fees (including delayed fees) of KRW 14,502,657 as shown in attached Table 2.
F. Article 77 of the management rules of the Plaintiff provides for management expenses, etc. as follows.
2. The occupant shall pay the management expenses to be owned each month within the fixed period in accordance with the notification of the management office;
If an occupant continuously delays the payment of management expenses without paying the management expenses, the owner of the relevant sectional ownership shall also be jointly and severally liable for the damages incurred therefrom.
3. If the occupant fails to pay the management expenses, 2% for one month from the date of delinquency and 5% for two months.