1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff is a management company entrusted with the management of the instant commercial building, such as the imposition and collection of management expenses, by the management representative council of the management body of the aggregate building C (hereinafter referred to as the “instant commercial building”) located in Geumcheon-gu Seoul Metropolitan Government.

B. On August 201, the Defendant sold 1 complex 205 (hereinafter “instant store”) among the instant commercial buildings, and received the instant store from the seller around December 201, and completed the registration of ownership transfer concerning the instant store around November 201.

C. The Defendant leased the instant store to D from December 2, 201 to August 2012, 201, and received the instant store from D around September 2012.

The Plaintiff collected management expenses of the instant store from D from December 2, 2011 to August 2012, 201, but did not collect the total of KRW 5,410,220 from September 201 to July 2015.

E. The management rules of the commercial building of this case (No. 3) stipulate that the sectional owner and the possessor bear the obligation to pay the management expenses, and that the sectional owner should pay the management expenses for the portion of the public building in case the sectional owner and the possessor did not move in due to the conditions of the sectional owner

(Article 8(1) and Article 30(1) and (6) [based on recognition] / [Article 8(1) and Article 30(1) and (6)] / [based on recognition] / The entry of evidence A(1) through

2. According to the above facts of recognition, the Defendant is the possessor of the instant store from September 2012 to November 2014, who received the instant store from D the transfer of the instant store, to whom the registration of ownership transfer with respect to the instant store was completed, and thereafter, is obliged to pay the management expenses for the instant store as the sectional owner.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 5,410,220,00 imposed on the management expenses from September 2012 to July 2015.

3. If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is without merit.