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1. The Defendants jointly share KRW 18,314,882 with the Plaintiff and 5% per annum from November 3, 2018 to November 30, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a management body comprised of all sectional owners of the Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”). Defendant B is the owner of the 1st floor non-101 (hereinafter “instant store”) underground of the instant building, and Defendant C is the lessee who entered into a lease contract with Defendant B and uses the instant store.
B. According to the management rules of the building in this case, the sectional owner has the obligation to pay the management expenses and long-term repair appropriations every month for the maintenance and management of the building, and even if the section for exclusive use is leased to a third party, the owner bears the full obligation for all expenses, such as the long-term repair appropriations for management (Article 12), and the possessor shall be jointly and severally liable with the sectional owner for the usage fees incurred during the
§ 46(c).
As of October 31, 2018, the Defendants did not pay KRW 19,942,140 as management expenses of the store of this case.
Meanwhile, due to the fire that occurred on October 30, 2016 at the instant store, the Plaintiff received KRW 1,627,258 insurance money from the insurance company for the section for exclusive use (the instant store) in addition to the insurance money for the section for common use, but did not pay the Defendants the insurance money for the section for exclusive use.
[Grounds for recognition] Gap evidence Nos. 1 through 3, 5, 11, Eul evidence No. 1, and the purport of the whole pleadings
2. According to the fact of recognition as above, Defendant B is the owner of the instant store, and Defendant C is jointly and severally liable for the unpaid management expenses to the Plaintiff from KRW 19,942,140, which deducts KRW 1,627,258 from the unpaid management expenses that the Plaintiff did not pay to the Defendants, KRW 18,414,882, which is the owner of the instant store, and a duplicate of the application for alteration of the purport of the claim and the cause of the claim as of October 31, 2018.