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 “A apartment” in Seo-gu, Seo-gu, Seo-gu, Seo-si (hereinafter “instant apartment”) is an aggregate building under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”), and the Plaintiff is the council of occupants’ representatives organized to manage the instant apartment in accordance with the Housing Act.

B. As to the instant apartment No. 102, 105 (hereinafter “instant partitioned building”), each of the registration of ownership transfer arising from sale as of December 7, 2016 in the name of the Defendant on February 18, 2009, based on D’s trade as of February 5, 2009, based on the Defendant’s name as of August 5, 2015, was completed consecutively under the name of E on December 14, 2016.

C. In accordance with the instant apartment management rules, the Plaintiff imposed KRW 6,369,785 on the instant partitioned building from November 2009 to April 2016, as shown in the attached Form.

The main contents of the instant apartment management rules are as follows.

Article 16 (Succession to Rights and Duties) (1) The management entity may exercise the claims of management expenses, user fees, long-term repair appropriations for long-term repairs (hereinafter referred to as "management expenses, etc.") for persons who succeed to the status of occupant.

(2) When occupants, etc. fail to pay management expenses, etc., persons who have succeeded to the status of occupants (including special successors; hereinafter the same shall apply) shall bear them.

(3) Matters resolved by the council of occupants' representatives shall also take effect on persons who succeed to the status of occupants.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, Gap evidence 6-1, 2, Gap evidence 7-1 through 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The management rules of apartment buildings stipulate that a person who succeeds to the status of an occupant with respect to the whole amount of delinquent management expenses shall also be entitled to exercise the rights of an occupant. The common areas of an aggregate building shall be extended to the interests of all co-owners.