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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning for the court’s explanation as to the instant case is as follows, except for the addition of “the following 2. additional determination” as to the Defendants’ new assertion, or the emphasizing/unafford argument, by the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. As to the assertion that there is no provision or ground for the imposition of management expenses, the Defendants asserted that there is no management rules that serve as the basis for the imposition of management expenses and arrears, and that there is no ground for the calculation of management expenses, and therefore, it is unclear that the Plaintiff
The plaintiff claims unpaid management expenses pursuant to the Commercial Building Management Rules (No. 17). Although there is no evidence that the above Commercial Building Management Rules explicitly satisfied the requirements for consent (no. 3/4 or more of sectional owners and no. 3/4 or more of voting rights), the above Commercial Building Management Rules shall be deemed to have satisfied the requirements for consent set forth in the Multi-Family Building Act, it shall include the following circumstances, namely, ① the Commercial Building Management Rules have been distributed to sectional owners at the time of the sale of the building in this case, and the plaintiff continued to use and make profits from the building in this case since April 2008, the management of the building in this case was not possible due to the reasons attributable to the plaintiff. ② On April 28, 2011, the plaintiff shall have an agreement with the representatives of sectional owners from the second to sixth floors of the building in this case and the pre-existing lessees of the building in this case, transfer the leased object to the BK, and the tenant shall receive the entire amount of the rent in this case from the plaintiff.