Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Basic facts
A. The Plaintiff is a managing body (non-corporate group) of the above building consisting of sectional owners and tenants of the 5th floor unit building A (hereinafter “the building in this case”), which is an aggregate building of the 5th floor in Ansan-si, Ansan-si, and the Defendant is a sectional owner of the above building who owns 1/2 of the D, E, and F (hereinafter “instant store”).
B. G operated H at the instant store from June 2009 to January 201, 2016, not paying KRW 28,470,130, excluding KRW 162,51,420, out of the total management expenses imposed on the said store during the said period, and the remainder of KRW 162,558,930, excluding the 162,551,420, and the late payment charges. Of them, management expenses incurred at the general management expenses, small-scale inspection expenses, electrical safety inspection expenses, elevator safety inspection expenses, public health inspection expenses, and telecommunications computer expenses from March 2015 to January 2016 are the total of KRW 9,434,340,340.
(hereinafter referred to as "management expenses of this case").
On February 3, 2016, the Defendant and I acquired ownership of each of the above 1/2 shares of the said stores through a voluntary auction procedure for the instant stores.
On the other hand, the contents of Article 11 of the management rules are as follows.
If a resident business operator fails to pay management expenses due to death, disappearance, bankruptcy, or any other reason, the management office (payment of management expenses, etc.) shall be occupied after full payment of the expenses in arrears and the unpaid amount shall be borne by the tenant business operator, except for the following matters:
(h) Management expenses shall be collected according to the following items: (i) General management expenses: all the expenses of the management office and other reserve funds;