1. The Defendant’s KRW 14,615,249 for the Plaintiff and KRW 5% per annum from December 3, 2016 to February 21, 2018.

1. Basic facts

A. The Plaintiff is a company that performs the management of the C Building (hereinafter “instant building”) which is an aggregate building in Young-gu, Suwon-si B.

B. On June 13, 2016, the Defendant completed the registration of ownership transfer for the sale of 203 units of the instant building (hereinafter “No. 203”) due to voluntary auction on the same date, and completed the registration of ownership transfer for the sale of 201 units of the instant building (hereinafter “No. 201”) on July 14, 2016 due to voluntary auction on the same date.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The management fee for the section for common use that is succeeded to a specific successor of the former sectional owner of an aggregate building is not only expenses disbursed for the direct maintenance and management of the section for common use of an aggregate building, but also expenses disbursed for the whole maintenance and management of an aggregate building including a section for exclusive use, which need to be uniformly maintained and managed for the common interest of all occupants. Thus, if it is not clearly divided into the expenses used for the part that actually and specifically belongs to the individual interest of the occupants, it is reasonable to deem all of them to be included.

On the other hand, the late payment charge imposed when the payment of the management fee is overdue is a kind of penalty, and the special successor of the former sectional owner succeeds to the delinquent management fee for the section for common use, and it does not succeed to the legal effect that has already occurred due to the failure of the former sectional owner to pay the management fee. Therefore, the late payment charge on the management fee for the section for common use is not included in the management fee for the section for common use that is succeeded to the special successor.