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1. The Defendant’s KRW 49,663,144 for the Plaintiff and KRW 5% per annum from July 29, 2015 to June 10, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a manager who concludes an entrustment contract for building management with a management body comprised of sectional owners in Gwangjin-gu Seoul Special Metropolitan City(hereinafter referred to as the instant condominium building), which is an aggregate building, and performs affairs concerning the imposition, collection, etc. of management expenses.
B. Nonparty C completed the registration of ownership transfer on August 31, 2007 with respect to the 7th floor D-49, D-50, D-53, and D-54 commercial buildings among the instant condominium buildings (hereinafter collectively referred to as “each of the instant condominium buildings”), and thereafter, on May 29, 2015, the Defendant acquired ownership on the ground of sale by voluntary auction.
C. Each of the instant stores is open-type stores, and the Plaintiff is conducting a short time from the date of acquisition of the Defendant’s ownership to the date of closing of argument.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 11, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion: (a) the Defendant acquired ownership of each of the instant commercial buildings by auction on May 29, 2015; (b) however, C, a former sectional owner, has been in arrears for a long period of time; (c) accordingly, the Defendant succeeded to the obligation to pay overdue management fees for the former sectional owners pursuant to Article 18 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Joint Building Management Act”) and the management rules on the instant Condominium.
Therefore, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from the day following the delivery of the complaint of this case to the day of complete payment with respect to KRW 49,892,920, and KRW 49,892,920, and KRW 474,320, and overdue interest and KRW 474,320, and KRW 53,824,930 from the day of the delivery of the complaint of this case to the day of May 2015.