Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance.
Reasons
1. Basic facts
A. The plaintiff is the management body of Changwon-si C commercial building (hereinafter "the commercial building of this case"), and the defendant is the sectional owner who completed registration of preservation of ownership as to 202 commercial building of this case on December 13, 198.
B. On May 201, D entered into a lease agreement with the Defendant on the instant commercial building 202, setting the lease period of one year, and operated a amusement room in 202 of the instant commercial building.
C. The management expenses for the instant commercial building 202 from August 2009 to November 27, 2013 are KRW 18,845,080, and the management expenses paid by the Defendant and D are as follows.
On June 7, 2011, 201.2,487,070 Defendant (the nominal owner: E) on June 29, 2011.6.295,340 D 3, 2011.40,000 Defendant (the nominal owner: E) on August 4, 2011. 1,00,00 D 5 on August 31, 2011. 40,000; 6.30,000 Defendant (the nominal owner:) on September 1, 2011; 1, 660,000 D 7, 200D 7,200 on February 22, 2012; 1, 2004; 6.3,00,000 on August 31, 201; 1, 2004;
D. Meanwhile, the management regulations of the instant commercial building are as follows.
Article 10 (Matters to be Observed by Owner of Undeveloped Shop Store)
1. The owner may not be exempted from the liability for the payment of management expenses calculated by the prosperity association even if he/she does not operate a commercial building;
2. The owners who have not moved in and the liabilities prescribed by this provision, such as the payment of management expenses, shall be jointly and severally liable for such cases;
Article 13 (Disposal of Unpaid Management Expenses)
1. Where the tenant fails to pay the management expenses in the management office pursuant to Article 11(5) of the articles of incorporation, the tenant bears the full amount of the management expenses incurred from the failure to pay the management expenses, and where the tenant fails to pay the management expenses within ten days after the lapse of ten days, the building owner fails to pay the management expenses even after the second warning is given.