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1. Defendant B shall pay to the Plaintiff KRW 20,863,680 and the interest rate of KRW 15% per annum from October 3, 2016 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant A
A. Basic facts 1) The Plaintiff is a D (hereinafter “instant aggregate building”) located on the land outside C and one parcel in the Ssung City.
2) Of the instant condominiums, the registration of ownership transfer was completed in the name of each Plaintiff on September 11, 2012 with respect to No. 804, and No. 810 (hereinafter referred to as “instant commercial building”) with respect to the instant condominiums on December 9, 2012, and September 11, 2012, with respect to No. 810 (hereinafter referred to as “instant commercial building”).
3) After that, on the grounds of sale and purchase on March 14, 2014, the registration of ownership transfer was completed on April 7, 2014 with respect to the instant commercial building in the name of the Defendants. On the other hand, on September 27, 2012, the mortgagee of the instant commercial building as a national bank (hereinafter “national bank”) and the mortgage amounting to KRW 240 million with respect to the debtor as the Plaintiff was set at the maximum debt amount. On October 1, 2014, the auction procedure was conducted upon the request of the national bank, which is a mortgagee, and subparagraph 804 was sold to E on November 5, 2015, and subparagraph 809 was sold to F on November 5, 2015, and subparagraph 800 to G on November 17, 2015, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 2, 5 through 9, Gap evidence 3-1 to 3, Gap evidence 4-1 to 36, the purport of the whole pleadings
B. Defendant A asserts that the Plaintiff is the manager of the management body of the instant aggregate building, but Defendant A was the first hearing, and thus, the instant lawsuit ought to be dismissed.
However, barring any special circumstance, an entrusted management company entrusted with the management of an aggregate building by a management body may file a lawsuit against a sectional owner, etc. in its own name and claim management expenses (see, e.g., Supreme Court Decision 2014Da87885, Dec. 15, 2016). As seen earlier, the Plaintiff is entitled to file a lawsuit against the sectional owner,