1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives, which is the management body of Gangseo-gu Seoul Metropolitan Government A apartment, and the Defendant is the occupant who acquired the ownership by winning a successful bid for A apartment 101 Dong 406 (hereinafter “instant apartment”) through a voluntary auction on January 5, 2015.

B. On January 25, 2013, the instant apartment was already registered for preservation of ownership in C future, but in fact, the Defendant did not move into the instant apartment after the bid.

C. On February 2015, the Defendant received notice from the Plaintiff that there was an overdue management fee for the instant apartment from the Plaintiff, and paid KRW 2 million to the Plaintiff on February 27, 2015.

The defendant has been a director of the apartment of this case around March 2015.

Article 16(1) and (2) of the Management Rules of the apartment of this case provides that "the management authority may exercise the claims of the management expenses, user fees, long-term repair appropriations, etc. (hereinafter referred to as "management expenses, etc.") against the person who succeeds to the status of the occupant. When the occupants, etc. fail to pay the management expenses, etc., the person who succeeds to the status of the occupant (including the special successor) shall bear the expenses, etc.," and Article 66 of the Management Rules provides that "additional charges shall be imposed at a rate of 20% per annum for the occupant, etc. who has not paid

In addition, Article 12(1) of the “A Apartment Supply Agreement” of the instant apartment provides that “A apartment supply contract shall be borne by a person who is a partner or a recipient of the instant apartment regardless of whether he/she has occupied it from the following day after the expiration date of the occupancy period.” The occupancy period of the instant apartment was from September 10, 2012 to October 10 of the same year.

E. At the time of filing the instant lawsuit, the unpaid management expenses of the instant apartment at the time of filing the instant lawsuit shall be KRW 1,153,400 calculated by subtracting the Defendant’s 2,00,000 won from the management expenses in arrears of the former owner (i.e., KRW 3,153,400 (= KRW 3,153,400 – KRW 2,000) for two years (40%).