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1. The Defendant shall pay to the Plaintiff KRW 36,922,596 and the interest rate of KRW 15% per annum from March 24, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a management body comprised of sectional owners of a building A (hereinafter “instant building”) in the Gunpo-si. The Defendant acquired the ownership of the instant building 309 (hereinafter “instant store”) on April 18, 201.
B. As to the instant store from April 2007 to March 201, 201, the Defendant unpaid management fees of KRW 15,382,450, and KRW 21,540,146, including late payment charges, from April 201 to September 2015, which was after acquiring the ownership of the instant store, including late payment charges.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 7, 8, 9, Gap evidence 10-1 through 28, Gap evidence 11, Gap evidence 12-1 through 54, and the purport of the whole pleadings
2. According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 36,922,596 of the unpaid management expenses and delay damages calculated at the rate of 15% per annum from March 24, 2016 to the day of complete payment, as requested by the Plaintiff, in accordance with the Plaintiff’s request.
The defendant asserts that the unpaid management expenses incurred from July 2010 to December 2010 shall be borne by the former owner of the instant store, and that the defendant has no obligation to pay management expenses. However, the specific successor of the sectional ownership under Article 18 of the Act on the Ownership and Management of Aggregate Buildings has the obligation to pay the part excluding the late payment charges out of the public management expenses incurred in the relevant sectional building before he/she acquires the sectional ownership, so the above argument by the defendant is rejected.
In addition, the Defendant asserts to the effect that the full amount of management expenses was paid from March 201 to June 2014. Thus, according to the following purport, the lessee C of the instant store according to the following purport: (a) No. 11 was the tenant of the instant store.