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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that the plaintiff is the managing body of "A," an aggregate building located in Busan Shipping Daegu D, and that the defendants purchased 502 of the above A at auction on April 17, 2014, and thus, the plaintiff has a duty to pay the plaintiff the management expenses from July 201 to April 201, 201, and the late payment charges of KRW 40,579,518 (=the late payment charges of KRW 6,285,06, the exclusive use management expenses of KRW 16,883,518, the late payment charges of KRW 17,410,994) and damages for delay.
2. Determination
A. Of the management rules that require the special successor of a sectional owner of an aggregate building to succeed to the delinquent management fees for the former sectional owner, the part concerning the management fees for the section for common use is valid, but the special successor of the former sectional owner succeeds to the delinquent management fees for the section for common use, and does not succeed to the legal effect that has already been incurred due to the failure of the former sectional owner to pay the management fees. Therefore, the late payment fees for the section for common use is not included in the management fees for the section for common use succeeded to the special successor (see, e.g., Supreme Court Decision 2004Da3598, Jun. 29,
B. Each entry in the Plaintiff’s evidence Nos. 1, 5, and 10 is limited to the table calculated by arranging the details of the management expenses and late payment fees related to the above 502, and the Plaintiff imposed management expenses for the above 502. The Plaintiff did not submit a notice of the management expenses notice from July 201 to April 2014 stating the details of the appropriation for the payment of the former owner’s expenses. Thus, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the late payment of the management expenses from July 2011 to April 2014 for the above 502 was the cause of 16,883,518, and there is no other evidence to acknowledge otherwise.
3. Accordingly, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.