1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a management body established with all sectional owners of Jongno-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendant is a sectional owner of the sixth floor No. 6-46 of the instant building (hereinafter “instant sectional owner”).

B. The deadline for the payment of the management fee determined by the administrator pursuant to Article 52 of the Rules for the Management of the instant building (hereinafter “the instant management rules”) is the 25th of the following month following the imposition month. If the payment is not made by the said deadline, 5/100 of the delinquent amount shall be added to the late payment charge every one month after the payment deadline.

On the other hand, on April 201, the Plaintiff imposed the late payment charge rate by applying only 2% per month from the management fee.

C. From November 29, 2004 to February 29, 2012, the Defendant did not pay management expenses of KRW 4,413,090 for the instant sectioned building.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 3, 4, 6, and 8, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the sum of management expenses to the plaintiff KRW 4,413,090 and late payment charges as prescribed by the rules, unless there are special circumstances.

B. 1) The Defendant’s defense against the Defendant’s defense of extinctive prescription refers to a defense that the extinctive prescription has expired with respect to management expenses incurred three years prior to the date of application for the instant payment order, since the Defendant’s claim for management expenses is subject to the short-term extinctive prescription of three years. In light of the foregoing, the claim for management expenses of an aggregate building, which is paid on a one-month basis, refers to a claim for a period not exceeding one year, which is stipulated as required for the short-term extinctive prescription of three years under Article 163 subparag. 1 through 3 of the Civil Act, refers to a claim for a period not exceeding one year, and thus constitutes a claim for management expenses of an aggregate building, which is paid on a one-month basis (see, e.g., Supreme Court Decision 2005Da65821, Feb. 22,