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1. The Defendant shall pay to the Plaintiff KRW 25,512,614 and the interest rate of KRW 20% per annum from March 20, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On July 31, 2012, the Plaintiff entered into a building management agency contract with the C representative management body that manages 34 stores in the 4th underground floor and 15th apartment buildings (hereinafter “instant building”) located in Busan Dong-gu, Busan, and took charge of the imposition and collection of management fees for each sectional owner.
B. The owner of the above building, who had a store Nos. 105 and 106 (hereinafter “instant store”), among which he had a store Nos. 105 and 106 (hereinafter “instant store”), remains insolvent, and the Defendant completed the registration of ownership transfer by successful bid on April 21, 2014.
C. The main contents of the management rules of the instant building determined by the management body composed of all sectional owners under Article 23 of the Act on the Ownership and Management of Aggregate Buildings are as follows:
Article 68 (Management Expenses) Paragraph (2) shall pay management expenses incurred in the maintenance and management of aggregate buildings to the management body.
The possessor referred to in paragraph (3) shall be jointly and severally liable with the sectional owner for the management expenses incurred during the period of occupation of the section for exclusive use.
Where a sectional owner under paragraph (4) fails to pay management expenses, repair reserves, and user fees (hereinafter referred to as "management expenses, etc."), the person who succeeds to the status of the sectional owner shall bear them.
Provided, That it shall be limited to expenses for the management of common areas.
Article 73 (Co-owner, etc.) Paragraph (1) of the Article 73 shall pay 15,000 won per average on the contract area to the former management officer.
The management expenses for the players under paragraph (3) shall be succeeded by the sectional owner, etc. after the change when the sectional owner, etc. is changed.
On the other hand, on August 25, 2014, when the facilities such as electricity and water supply have been flooded, sectional owners decided to obtain loans from banks at special general meetings on the 30th of the same month, but the loans from financial institutions were not possible.