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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. From December 29, 2009 to March 22, 2010, the Defendant acquired the ownership of 5th, 504, 505, 506, 509, 510, 511, and 512 among the original residential building C (hereinafter “instant building”) from around December 29, 2009 to around March 2, 201, as a member of the sectional owners of the instant building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).
B. The Plaintiff’s provision on the management of a building provides that “a member shall pay management expenses for the maintenance and management of a building and shall have the obligation to pay special repair reserve (Article 11 subparag. 4), “management expenses shall be paid by the 13th day of each month, and 5% additional dues shall be paid at the expiration of the payment date of management expenses (Article 12 subparag. 2 and 3), “a tenant shall have the obligation to pay taxes, public charges, and management expenses, etc. within the payment period (Article 43)”, and “a store owner and a tenant shall pay the management expenses to be borne each month according to the method of payment determined by the manager (Article 44).”
C. The Plaintiff imposed KRW 15,137,210 on the Defendant from August 2012 to February 2013, 2013, but the Defendant paid only KRW 422,030 on March 13, 2013, and the Defendant did not pay the remainder of the management expenses imposed KRW 14,715,180 and the remainder of KRW 712,990.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 3, and 6 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff unpaid management expenses and damages for delay.
B. According to Article 29(1) of the Aggregate Buildings Act, the purport of the Defendant’s assertion is to establish, amend, or abolish the rules.