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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On December 23, 2002, the Plaintiff newly constructed the instant condominium building C (hereinafter “the instant condominium”) and sold part of its houses, and the Plaintiff did not yet commence management of the instant condominium, thereby managing the instant condominium.
B. On April 15, 2013, the Defendant purchased D and E (hereinafter “D and E”) from the Plaintiff and completed the registration of ownership transfer.
C. The unpaid management expenses for Category D and E from May 2016 to December 2017 are the total of KRW 8,689,682, and the charges for replacing the voltages are KRW 541,252.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 9-1 through 6, and evidence Nos. 1, 2, 4-1 through 18, 10-1, and 11 from among evidence submitted by the plaintiff to the purport of the whole pleadings, shall not be the basis for fact-finding since the examination was completed in the first instance court, but the contents of evidence are inconsistent with the contents of document evidence and evidence or cannot be confirmed in electronic records beauty.
2. Determination
A. Judgment on the cause of claim 1) Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”)
Article 9-3(1) of the Act provides that “A seller shall manage a building, site and attached facilities with the care of a good manager until the management body commences management under Article 23(1).” Since the fact that a management body under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings did not commence management of the instant aggregate building is as seen earlier, the Plaintiff, who is the seller of the instant aggregate building, has the right and duty to manage the instant aggregate building in accordance with the said provision. Therefore, it is reasonable to deem that the Plaintiff may claim management expenses, etc. incurred from the management of the instant aggregate building against the sectional owners. 2) The Defendant is the owner under subparagraph D, E, unpaid management expenses for D and E among the instant aggregate building, and 8,689.