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. Basic facts

A. Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the Plaintiff is a management body comprised of all sectional owners for the purpose of carrying out the management project of building A (hereinafter “the instant building”) and its site and its affiliated facilities, and the Defendant is a sectional owner under 917 of the instant building.

B. From June 1, 2014 to January 31, 2016, the Defendant unpaid management expenses of KRW 8,979,130 (including management expenses of KRW 7,523,590 in arrears 1,45,540 in arrears), and among them, the management expenses of KRW 373,080 in December 21, 2015 for which the payment deadline was not due at the time of January 21, 2016 (i.e., management expenses of KRW 365,760 in arrears 7,320 in monthly payment period of KRW 365,760 in management expenses) and management expenses of KRW 379,510 in January 2016.

C. The main contents of the management rules of the building of this case are as follows:

Article 28 (Authority of Managing Body) (1) A managing body shall perform the following duties:

17. Management expenses, reserves for repair, collection and accumulation of usage fees under Articles 75 (2), 76 (1) and 77, and Article 75 (Management Expenses) (2) A sectional owner, etc. shall pay management expenses incurred in the maintenance and management of an aggregate building to a management body.

Article 79 (Collection of Management Expenses, etc.) (3) Payment deadline for management expenses, etc. shall be until the end of the following month.

Provided, That where the payment date is a legal holiday, it shall be the following day.

(4) If a sectional owner, etc. fails to pay management expenses by the payment deadline, a management body may claim the sectional owner, etc. for the overdue charge and damages (including litigation costs, collection expenses, etc.) due to arrears notified under paragraph (1).

[Ground of recognition] Facts without dispute, entry of Gap 4, 7, and 8 evidence, purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant filed the instant lawsuit under the name of the “A Owners’ Representative Meeting,” but changed the name to the “A Management Body,” upon correcting the indication of the party on July 18, 2016, and the “A Management Body” is not recognized as identical with the “A Owners’ Representative Meeting.”