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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. From the first instance court to September 2016, the Plaintiff filed a claim against the Defendant for the payment of KRW 3,761,500 of unpaid management expenses from September 2013 to September 2016, and KRW 3,761,500 of late payment expenses from November 20, 2016, and KRW 341,50 of late payment expenses from September 20, 2013 to September 2016, and KRW 3,761,80 of unpaid management expenses from September 20, 2013 to KRW 341,50 of late payment expenses from September 20, 2016 to KRW 341,50 of late payment expenses from November 20, 2016, and the first instance court dismissed the remainder of late payment expenses from October 26, 2013 to KRW 306,306,206, and the late payment charges from October 26, 2016.
The scope of the judgment of this court is limited to the claim for unpaid management expenses and late October 2013, since only the defendant appealed.
2. Determination
A. According to the purport of the evidence No. 1 to No. 4 of the judgment as to the cause of the claim, the Plaintiff is a management body of the instant aggregate building. The Defendant is a sectional owner holding 66 and 77 of the fourth floor of the instant aggregate building (3.92m2, respectively, referred to as the “instant store”). The Plaintiff calculated the amount of share ownership based on the exclusive ownership area and the corridor area according to the criteria for the imposition of the management fee as to the instant aggregate building, and imposed the management fee for the section for common use. The unpaid management expenses from October 2013 to September 2016 imposed by the Plaintiff on the instant store are 7,269,60 won, and late November 22, 2016, and late payment fees are 643,600 won until September 2016.
According to the above facts of recognition, barring any special circumstance, the defendant sought from the plaintiff as the date of occurrence of each management fee or other management fee with respect to the unpaid management fee and late payment charge for the store in this case, and then after November 22, 2016.