1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,058,520 as well as the full payment from October 2, 2013.

Basic Facts

The plaintiff is a non-corporate body that mainly focuses on the management business of building A (hereinafter referred to as the "building of this case") and its site and its attached facilities in the Seoul Special Metropolitan City.

On June 11, 2010, the Defendant acquired A building 416 (hereinafter “instant store”) from D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings.

The plaintiff asserted that the defendant did not pay 320,450 won for the management expenses for the portion of August 2010 regarding the store of this case, and since D, the former owner of the above store, succeeded to the total amount of management expenses from October 2009 to May 2010, the plaintiff did not pay 9,738,070 won, it is liable to pay the above amount to the plaintiff.

The defendant is merely a special successor of D as to the store of this case, and there is no obligation to pay management fees in arrears by D.

Rather, on December 2010, the Plaintiff caused damages to the Defendant in total amounting to KRW 48,475,00 by infringing on the Defendant’s building without permission and destroying the Defendant’s owned property. Therefore, the Plaintiff is liable to compensate the Defendant for the said amount.

Judgment

After the Defendant acquired the instant store from D from D, the former owner of the instant store did not pay KRW 320,450 for the management expenses for the portion of August 2010. D, the former owner of the instant store, did not pay KRW 9,738,070 for the total management expenses for the section for common use from October 2009 to May 2010. Article 11 of the A Building Management Rules, which is the management rules for the instant building, provides that members (referring to the store owners located in the instant building) shall pay the management expenses to the Plaintiff for the maintenance and management of the instant building. Article 15 of the same Management Rules provides that the rights and obligations pursuant to the said management regulations shall be automatically succeeded to the status of the members, or shall be acknowledged by the statement in subparagraph 3.

However, the Aggregate Buildings Act.