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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, in addition to adding a judgment on the Plaintiff’s assertion to the following Paragraph 2, and therefore, it is identical to the reasoning of the judgment of the court of first instance.
2. Additional determination
A. The Plaintiff’s assertion 1) The unpaid management expenses claimed by the Plaintiff constitute a contractual claim under the Management Rules, not a claim under a contract, and Article 31(5) of the Management Rules of the Officetel of this case provides that “In accordance with Article 18 of the Multi-Family Building Act, delinquent management expenses under this Management Rules shall be governed by Article 162(1) of the Civil Act.” As such, the period of extinctive prescription of the unpaid management expenses claims is ten years. (2) The Plaintiff and the Management Body continued to hold a meeting with the Defendant’s person in charge of charge, currency, public notice, delivery, and collection, and the Defendant’s person in charge of the management attended the meeting of the Management Body to report the resolution
B. Determination 1) As to the assertion of the ten-year extinctive prescription period, “a claim stipulated within a period of less than one year” under Article 163 subparag. 1 through 3 of the Civil Act refers to a claim that is regularly paid within a period of less than one year, and constitutes a claim for management expenses of an aggregate building, which is paid in the unit of one-month unit (see Supreme Court Decision 2005Da65821, Feb. 22, 2007). The Plaintiff’s unpaid management expenses claim is not a claim under a contract but a claim for the payment of money for a period of less than one year under Article 163 subparag. 1 of the Civil Act, and thus, the three-year short-term extinctive prescription is applied.
In addition, according to Gap evidence No. 14, it can be acknowledged that Article 31 (5) of the Management Rules of the Officetel of this case provides that "the delinquent management expenses under this Management Rules shall be governed by Article 162 (1) of the Civil Act" under Article 18 of the Management Rules, but the parties concerned.