1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff entered into an entrustment contract with a management body comprised of sectional owners of D, which is a Guro-gu Seoul Metropolitan Government Condominium (hereinafter “instant Condominium”) and conducts management affairs such as imposition and collection of management fees for the instant Condominium.

B. On April 25, 2017, the Defendant acquired the ownership of the first floor F of the instant aggregate building (hereinafter “instant store”) in the voluntary auction procedure by Seoul Southern District Court E.D.

C. From October 2014 to November 2017, the unpaid management expenses for the section for common use of the instant store are KRW 8,554,170 in total, and the late payment charges for the unpaid management expenses incurred after the Defendant acquired the ownership of the instant store are KRW 125,090 in total.

Article 17 of the Management Rules of the Condominium provides that “The rights and obligations of this Code shall be automatically succeeded to a person who succeeds to the status of the owner due to a change in ownership on the register,” and Article 50(1) of the Management Rules provides that “If the manager fails to pay the management fee by the due date determined, the sectional owner, etc. shall pay 5/100 of the unpaid principal plus the late payment charge every one month after the due date determined.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Article 18 of the Act on the Ownership and Management of Aggregate Buildings stipulates that the claims held by a co-owner against another co-owner with respect to a common area shall be exercised against the special successor. This is because the common area of an aggregate building is extended to the interests of the whole co-owners, and thus, it shall be jointly maintained and managed and the claims between the co-owners with respect to the expenses incurred in order to promote appropriate maintenance and management.