1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a non-corporate association composed of sectional owners or lessees for the purpose of operating and managing a A apartment shopping mall located in Ulsan-gu, Ulsan-gu (hereinafter “instant shopping mall”). The Defendant is a sectional owner of the above shopping mall from May 24, 2005 to 110 of the above shopping mall.

B. The Plaintiff calculated basic management expenses in proportion to the area of a commercial building for expenses incurred in maintaining and managing common areas, such as commission fees and electricity fees, and imposed and collected them on the sectional owner or lessee. Accordingly, the basic management expenses of the commercial building owned by the Defendant are KRW 178,490 per month.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including a serial number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay 6,782,620 won for unpaid management expenses from May 4, 2013 to October 2016 (i.e., 178,490 won x 38 months x 38 months, and the Plaintiff claims for damages for delay of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 4, 2016 to the date of full payment following the delivery of the application for change of the purport of the claim and the cause of the claim in this case.

B. On the Defendant’s argument, the Defendant asserts that the Plaintiff did not inform the Plaintiff of the amount and method of payment of management expenses, and that the Plaintiff did not have the obligation to pay management expenses because it was not timely claimed management expenses.

In full view of the overall purport of the arguments in Gap evidence Nos. 1 and 3, other sectional owners and lessees of the commercial building of this case have paid management expenses at the plaintiff's request, and the management rules stipulate that payment notice shall be distributed to the tenant, etc. five days prior to the due date of payment, but it is merely a procedural provision for the collection of management fees.