1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic facts are three-class A Urban Residential Housing (hereinafter referred to as the "Building of this case") consisting of 299 households, which consist of 5th underground to 17th underground, and the 1st and second floors are neighborhood living facilities.

Before the enforcement of the former Housing Act (amended by Act No. 12959, Dec. 31, 2014) (amended by Act No. 13474, Aug. 11, 2015) (amended by Act No. 13474, Aug. 12, 2016), the Plaintiff prescribed matters concerning the management of multi-family housing in the Housing Act.

As a council of occupants' representatives organized pursuant to the above, the general management expenses, electric utility charges, water charges, etc. incurred in relation to the management and operation of the building of this case have been divided by the proportion of the whole area of each sectional owner's ownership to the sectional owner, tenant, etc. of the building of this case.

The case distribution Co., Ltd. (hereinafter “Case Distribution”) was the executor of the new construction of the instant building, and completed the registration of ownership transfer on the ground of sale on April 24, 2013, after completing the registration of ownership preservation on No. 206 of the instant building (hereinafter “instant commercial building”) on June 27, 2014.

Although the Plaintiff urged the Defendant to pay the management expenses several times, the Defendant did not pay the management expenses of the commercial building of this case from July 21, 2014 to March 23, 2016, the day before leasing the commercial building of this case, to March 22, 2016.

The main contents of the building management rules of this case are as follows.

Article 69 (Methods for Calculating Amounts to be Borne by Each household) The methods for calculating the amounts to be borne by each household of management expenses shall be as specified in attached Table 4.

Additional charges shall be imposed according to the overdue rate in attached Table 7 on occupants, etc. who have failed to pay management expenses, etc. within the deadline.

[Attachment 4] Methods for Calculating the amount to be borne by each household of management expenses

1. Budget for general management expenses;