1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.

1. Basic facts

A. The Plaintiff is a management body composed of sectional owners of Gangdong-gu Seoul Metropolitan Government A apartment commercial building (hereinafter “instant commercial building”).

The plaintiff's management rules stipulate that "a tenant or a tenant bears the secondary liability for payment of the unpaid management fees" (Article 41 (2) of the management rules).

B. On December 5, 2013, the Defendant purchased 411 of the instant commercial building (hereinafter “instant store”) and completed the registration of ownership transfer on March 14, 2014.

C. From January 1, 2010, C was operating a healthcare center (hereinafter “D”) with the trade name “D” among the instant commercial buildings after leasing Nos. 408, 409, 410, 413, 415, and 416. On February 10, 2014, C leased and used the instant store from the Defendant for the use of the said healthcare center, and the lease and use of the said 415, 416 were terminated around that time.

The Plaintiff imposed the total amount of the management expenses for each store used as the head of the instant health care center on C at his own discretion by dividing it into units of each unit, and C was in arrears with the management expenses imposed on the Defendant under the head of the said health care center prior to the lease and use of the instant store.

The plaintiff, at his request, has dealt with the management expenses to be paid by C in the way of appropriation for the management expenses of a house with a long period of time among those imposed in installments as above. After the lease relationship with the above 415 and 416 terminated, the plaintiff first appropriated them for the overdue management expenses imposed on the above 2 houses.

E. On April 25, 2016, the Plaintiff received dividends of KRW 9,973,280, and KRW 434,600, out of the unpaid management expenses and late payment charges for the above health care center, from the Seoul East East District Court Decision 2015No. 2730, Apr. 25, 2016, the total amount of KRW 10,407,880, as well as the unpaid management expenses and late payment charges, shall be appropriated for the partial repayment of the unpaid management expenses and late payment charges.