1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 8 and 10 through 12, the Plaintiff is a manager who manages the building A and is entitled to collect management expenses from the occupants pursuant to the management rules, and around April 18, 200, 901 of the above building (hereinafter “instant store”) owned 1/3 equity shares of C, D, and E, but the Defendant acquired the ownership by winning a successful bid for the above building on April 7, 2014, and on the other hand, it is recognized that the delinquent amount of the common area used until April 201 is up to 39,964,373 won.

2. Determination

A. The special successor to an aggregate building shall succeed to the section for common use among the delinquent management fees of the former tenant (see, e.g., Supreme Court en banc Decision 2001Da8677, Sept. 20, 201). Thus, the Defendant, who is the special successor to the instant commercial building, is obligated to pay the Plaintiff the management fees for the section for common use in arrears with respect to the said commercial building,

B. As to this, the defendant first asserts that the management fee for common areas should be calculated with weight to the public area.

However, the rules on aggregate buildings also have the effect on the special successor of the sectional owner (Article 42 (1) of the Act on the Ownership of Aggregate Buildings), and as recognized as the entry of the evidence No. 6, Article 14 (2) of the management rules on the above commercial building provides that management fees shall be imposed on the basis of the final sale area, so the above argument by the defendant is groundless.

C. Next, the defendant asserts that the management expenses of this case were extinguished by the lapse of prescription.

On the other hand, the plaintiff should, in principle, settle the delinquent management fee that was first incurred even if he paid the management fee imposed each month, but he paid the management fee imposed each month in order to reduce the overdue burden of the former tenant F.