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1. The Defendant’s KRW 15,59,994 and KRW 10,873,100 among the Plaintiff and KRW 4,726,894 from August 7, 2014.
Reasons
1. Basic facts
A. On March 2, 2005, the Defendant sold the third and fourth floors among the buildings listed in the “Indication of Real Estate” as an aggregate building (hereinafter “the instant aggregate building”), which is an aggregate building, in a voluntary auction procedure, and the same month.
4. The registration of ownership transfer for each of the above real estates shall be completed.
B. From March 7, 2011 to March 6, 2013, the Defendant leased the fourth floor (578.512 square meters: hereinafter “the instant partitioned building”) among the instant condominium buildings to C. From March 7, 2011, the Defendant occupied and used the reading room in the instant partitioned building until October 2013, and C did not pay management expenses to the Plaintiff from August 2012.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 6, Eul evidence 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).
A) Pursuant to the management body consisting of all sectional owners of the instant aggregate building, and the Defendant is the sectional owners of the instant partitioned building. Users who are the Plaintiff’s sectional owners and lessees hold a management body meeting lawfully on February 23, 2009 and the management rules of the instant condominium building (hereinafter “the management rules of this case”) are the management rules of this case.
(2) The Defendant is obligated to pay to the Plaintiff the sum of the management fees in arrears from August 2012 to March 2015, 2015, and delay damages therefrom. (2) Even if the Plaintiff did not have the right to receive the management fees in arrears from the Defendant, the Defendant paid the management expenses in accordance with the above management rules for several years, and the Defendant did not raise any objection thereto. Therefore, pursuant to the instant management rules, the Defendant is obligated to pay the Plaintiff the sum of the management fees in arrears from August 2012 to March 2015.