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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company that is entrusted with the authority to impose and collect management fees by concluding an entrustment contract with the representative committee of the management body on December 26, 2005, which is to automatically extend five (5) years and five (5) years thereafter at the time of voluntary auction for the 19th floor D of the instant aggregate building (hereinafter “instant aggregate building”). The Defendant purchased the instant store on January 18, 2018 in the process of voluntary auction for the 19th floor D of the instant aggregate building.
B. The main contents of the management body regulations, building management regulations, and regulations on the collection of delinquent management expenses are as shown in attached Table 1.
C. E Co., Ltd. (formerly before the change on June 1, 2016: F Co., Ltd.; hereinafter “E”) as the former owner of the instant store did not pay the management expenses imposed on the instant store from April 2013.
On January 29, 2018, the Plaintiff notified the Defendant of the payment of the principal amount of KRW 6,425,210 for unpaid management expenses succeeded by way of content-certified mail until February 5, 2018. On March 20, 2014 to June 15, 2018, G Co., Ltd. that leased the instant store from March 20, 2014 to June 26, 2018 paid KRW 2,102,400 in total of management expenses imposed on the Plaintiff on the instant store from August 26, 2017 to December 2, 2017.
Accordingly, upon filing an application for the instant payment order, the Plaintiff sought payment of unpaid management expenses for items 4,322,810 (=6,425,210- 2,102,400) and delay damages for the unpaid management expenses for items 19 (i.e., general management expenses in the attached Table 2 (hereinafter “instant unpaid management expenses”).
E. Meanwhile, on September 27, 2019, the Defendant filed an application against the Plaintiff for provisional disposition of suspending the performance of duties as Seoul Eastern District Court 2019Kahap10401, and the said court is regarded as the administrator of the instant condominium building on December 27, 2019.