1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 4,649,609 and KRW 4,510,188 among them.

1. Basic facts

A. The Plaintiff is a management body of Atel, an aggregate building in Daejeon-gu, Daejeon (hereinafter “instant aggregate building”).

B. On February 13, 2014, the Defendant purchased No. 1010 of the instant condominiums No. 10 (hereinafter “instant condominiums”) from among the instant condominiums through a compulsory auction and paid the price, and thereafter registered the ownership transfer of the instant condominiums.

C. Article 3(5) of the Regulations on the Management Body of the instant Condominium Buildings provides that “the special successor to the input braille, etc. shall also succeed to the rights and obligations arising before the succession by the provisions of this Act or by the resolution of the general meeting.” The management fees in arrears by the former owner of the instant commercial building are KRW 3,115,975 (the amount from August 2, 2012 to February 12, 2014).

Management expenses and late payment fees from February 13, 2014 to January 2015 for the instant commercial building that the Defendant did not pay to the Plaintiff are as shown in attached Table.

E. On August 8, 2016, this Court decided to appoint D as a temporary administrator of the management and operation committee of the instant condominium building.

(Application for Appointment of Temporary Acting Director of Daejeon District Court 2016 non-conforming24). . [Grounds for Recognition] . (Application for Appointment of Temporary Acting Director of Daejeon District Court 2016.3] . Each entry of Gap evidence Nos. 1, 2, 3, 6, 7, 8, 17 (including branch numbers; hereinafter the same shall apply) and the response of the order to submit documents to the plaintiff management body

2. The defendant asserts that the lawsuit of this case was unlawful inasmuch as there was no legitimate resolution in selecting the representative of the plaintiff management body, so the lawsuit of this case was brought by a person without the authority of representation, and the provisional administrator cannot be deemed a legitimate administrator. Since the substance of the management body is a non-corporate body, the lawsuit filed in its name without the resolution of the general meeting of the management body is deemed unlawful.

According to the above facts of recognition, the representative of the plaintiff management body was not elected by a legitimate resolution at the time of filing the lawsuit of this case, but 1-e.