The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is a management body composed of all sectional owners of the instant building for the purpose of implementing the matters concerning the management of building A department store building (hereinafter “instant building”) and its site and its accessory facilities in Bupyeong-si, Busan, pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”). The Defendant purchased the second floor C of the instant building on October 4, 2002 (hereinafter “instant store”) and completed the registration of ownership transfer for the instant store on December 24, 2002.

B. The Defendant did not pay to the Plaintiff KRW 2,766,230 in total of management expenses and damages for delay from February 2, 2016 to January 2019 (i.e., management expenses for 36 months and 2,573,830 for delay damages of KRW 192,40).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination:

A. According to the above findings of the determination as to the cause of the claim, the defendant shall pay to the plaintiff the sum of the unpaid management expenses and damages for delay, and delay damages for the principal amounting to KRW 2,573,830, among them, the unpaid management expenses and damages for delay.

B. The defendant's assertion 1) The defendant asserts that since the plaintiff neglected to manage the store of this case at all and the plaintiff lost the plaintiff in the lawsuit claiming management expenses against the defendant, the plaintiff cannot respond to the plaintiff's claim of this case. 2) However, the above evidence and the purport of the whole arguments as well as the facts and circumstances acknowledged in addition to the above facts and the purport of the whole arguments in this court, i.e., the management body or the administrator under the Act on the Ownership and Management of Aggregate Buildings has the authority and duty to manage the store of this case, which is the exclusive part of the defendant's sectional ownership, as alleged by the defendant.