1. The defendant shall pay to the plaintiff KRW 41,353,970 as well as KRW 35,581,40 as to the total amount from April 27, 2016 to the full payment day.

Basic Facts

The plaintiff is a company established for the purpose of operating and managing "D" condominiums in Busan and 14 lots, which are located outside Busan, and registered as a superstore pursuant to the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 1999; hereinafter "former Distribution Industry Development Act"), and the defendant was awarded a successful bid for the above store in real estate auction procedure (hereinafter "the above store") from the above 3062, 3345, 3347, 3481, 3483, 3483, 3496, 3480 (hereinafter "the above store"), and paid proceeds from sale, and received a decision to permit sale on March 28, 2013 and April 9, 2013 from the above auction court, but did not complete the registration of ownership transfer for the store of this case.

The Plaintiff enacted the management rules of the above commercial building (hereinafter referred to as “instant management rules”) at the time of the registration date of superstore establishment, and the contents related to the instant case are as follows.

Article 5 (Definitions of Terms)

1. The term “sectional owner” means a person who has sectional ownership in the register of the D;

Article 6 (Rights and Duties of Sectional Owners) Section 6. Sectional owners shall have the following rights and duties:

7. Obligation to bear expenses, etc. required for common interests related to the maintenance of buildings and business management, and Article 7;

1. A person who has obtained ownership transfer on the register of the company and a person who has leased pursuant to the rules shall automatically succeed to the rights and obligations specified in Article 6 above;

Article 35 (Contents of Management Expenses, etc.) A sectional owner, etc. shall bear all expenses incurred in the management of the section for common use (hereinafter referred to as "management expenses") in accordance with the standards for imposition, and the details of the management expenses shall be as follows:

(1) All expenses incurred in maintaining and managing heating, cooling, cleaning, facility repair, inspection, and section for common use, etc., such as repair, remodeling, restoration, removal, etc., and all expenses that can be classified individually by sectional owners, etc.