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. Facts of recognition;

A. On December 21, 2010, the Defendant awarded a successful bid in the auction procedure for the A apartment Nos. 116, 1301 (hereinafter “instant apartment”) located in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “instant apartment”) and acquired the ownership thereof.

B. The delinquent management expenses for the section for common use with respect to the instant apartment from around September 21, 2010 to December 21, 2010, which is the acquisition date of the Defendant’s ownership, are KRW 593,510, and the delinquent management expenses from December 22, 2010 to February 201 are KRW 1,731,865.

C. Article 16(2) of the instant Management Rules states that “When occupants, etc. fail to pay the management expenses, etc., they shall be borne by a person who succeeds to the status of the occupants (including a special successor).”

The plaintiff is an organization organized for the management, etc. of the apartment of this case.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 3, and the purport of whole pleadings

2. We examine the judgment as to the cause of the claim. Article 18 of the Act on the Ownership and Management of Aggregate Buildings provides that "The claim that the co-owner has against another co-owner with respect to the common area may also be exercised against the special successor." This is that the common area of an aggregate building is provided for the benefit of the whole co-owners, and thus it should be jointly maintained and managed, and it is necessary to guarantee in particular the claim among the co-owners as to the expenses incurred, and there is a special provision to allow the special successor of the co-owner to claim against the special successor regardless of his/her successor's intention

(See Supreme Court en banc Decision 2001Da8677 Decided September 20, 201). Meanwhile, since the acquisition of ownership by auction is acquired by succession due to its nature, the buyer who acquired the sectional ownership by auction shall be the special successor as prescribed in Article 18 of the above Act (see Supreme Court Decision 91Da3703, Aug. 27, 1991). This case’s health account and the fact of the above recognition are followed.