1. The Defendant’s KRW 33,503,114 as well as 5% per annum from November 15, 2014 to January 20, 2016 to the Plaintiff.

1. Basic facts

A. The Plaintiff is a management body established under the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”) with all sectional owners of the aggregate building called “A” located in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant building”) as its members.

B. On March 2010, the Defendant: (a) leased Nos. A-101 and A-201 (hereinafter “Ground 101” and “Ground 201”; and (b) as a screen golf course with underground No. 101 as “E”; (b) operated the indoor straw golf course with the trade name “E”; (c) was awarded a successful bid for the instant store (including the shares of the instant store among underground third-class mechanical rooms) during the voluntary auction procedure for the instant store; and (d) completed the registration of ownership transfer on September 15, 201, the Defendant operated the said “E” at the instant store up to the date.

C. The unpaid management expenses for the store in this case from March 2010 to March 2014, 2014 are KRW 41,274,451 [the total unpaid management expenses = KRW 55,56,851 - (the additional payment of KRW 10,556,590 for the electricity fee paid additionally)]. The unpaid management expenses for the store in this case are KRW 2,180,375 in total.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 11 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid management expenses from March 2010 to May 2014 (i.e., KRW 43,454,826 (i.e., KRW 41,274,451) and damages for delay.

B. As to the Defendant’s assertion of set-off, the Plaintiff, the managing body of the instant building, shall perform the duties of maintaining, repairing, preserving, inspecting, operating, operating, repairing and safety management of the section for common use pursuant to Article 25 subparag. 1(a) of the Management Rules.

However, the building is a building.