1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

The plaintiff is a company that manages a commercial building D (hereinafter referred to as "the building of this case") located in Gwangjin-gu Seoul Special Metropolitan City.

On April 14, 2015, the Defendant was selected as the highest purchaser in the voluntary auction procedure for the second floor D-74 of the instant building (hereinafter referred to as “D-74”) and A-14 of the 8th floor A-14 (hereinafter referred to as “A-14”), and paid the purchase price, and acquired the ownership thereof.

Of the management expenses in arrears for D-74 from April 2004 to May 2015, 2015, the management expenses for the section for common use prior to the acquisition of the defendant's ownership and the management expenses for May 2015 are KRW 13,06,547 [The management expenses for the whole management expenses = KRW 13,095,100 - the management expenses for the exclusive use portion of KRW 28,553 (electric power fees before May 2015)] and the late payment fees for May 2015 are KRW 10,470.

Of the management expenses in arrears for A-14 from August 2008 to May 2015, 2015, the management expenses for the section for common use before the defendant's ownership is acquired and the management expenses for May 2015 are 24,960,715 (=the total management expenses = 24,989,850 - the management expenses for exclusive use 29,135 won (electric power payments before May 2015)) and the late payment fees for May 2015 are 12,950.

[Reasons for Recognition] The defendant shall succeed to common areas among the delinquent management fees of the former tenant with respect to D-74 and A-14, and D-74 and the delinquent management fees of the former tenant with respect to D-74 and A-14.

However, the late payment charge on the management fee for common areas is not included in the management fee for common areas succeeded to the special successor to an aggregate building (see, e.g., Supreme Court Decision 2005Da65821, Feb. 22, 2007). The delinquent management fee that the Defendant is obligated to pay is the management fee for common areas prior to the acquisition of the Defendant’s ownership for D-74 and A-14, the management fee for common areas prior to the acquisition of the Defendant’s ownership for D-74 and A-14, the management fee for common areas, the management fee for 13,066,547 and the management fee for 24,960,715 on May 2015, the late payment charge of 10,470 and the 12,950 won on May 2015 (=13,06,50,577 won).

Therefore, the defendant.