1. The Defendant’s KRW 39,139,368 as well as the Plaintiff’s annual rate of 5% from April 21, 2018 to November 30, 2018.

The plaintiff is a management body comprised of all sectional owners under the Act on Ownership and Management of Condominium-gu Condominium-gu Building A (hereinafter referred to as "the building of this case") for the management and operation of the building of Goyang-gu, Gyeyang-gu (hereinafter referred to as "the Building Act").

On September 29, 2016, the Defendant acquired the ownership of the instant building Nos. 701, 702, 703, 704, and 705 of the instant building as an auction (hereinafter “each of the instant partitions”).

The former owner B did not pay management expenses for the section for common use in the total amount of KRW 5,782,988,00 for June-9, 2016, and the Defendant did not pay the management expenses for the section for common use in the total amount of KRW 33,356,380 for March 2018 after acquiring the ownership of each of the instant sections for common use.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including partial heading number), and legal principles related to determination of the grounds for a claim of the entire purport of the pleadings, Article 18 of the Multi-Family Building Act provides that a co-owner's claim against another co-owner with respect to common areas may also be exercised against the special successor. Since the acquisition of ownership by auction is acquired by succession due to nature, the buyer who acquired the sectional ownership by auction shall be the special successor as stipulated in Article 18 of the Multi-

In addition, even though the management body is not a co-owner stipulated in Article 18 of the Aggregate Buildings Act, each co-owner may manage the section for common use in accordance with the provisions of the Civil Act and claim against the other co-owners who have paid expenses in excess of his/her own shares (see Article 266 of the Civil Act). Since the management body's right to collect management fees for the section for common use exercised by the management body, etc. as the organization of the sectional owners of an aggregate building is granted based on the above co-owner's claim, the management body can exercise its claim under Article 18