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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an association that is composed of sectional owners of Seocho-gu Seoul Metropolitan Government C (hereinafter “instant condominium building”) and whose purpose is not to carry out projects concerning the management of the said building site and its affiliated facilities.
B. 1) The Defendant’s husband D on October 1, 1994 (hereinafter “instant store”) No. 8150 of the instant condominium building on October 1, 1994.
(2) The defendant was donated from D on September 3, 2012 and completed the registration of ownership transfer on March 12, 1997.
7. Completion of the registration of ownership transfer.
C. From February 2009 to December 2, 2010, the Plaintiff filed an application with the competent court for a payment order against D for the overdue management expenses for common areas. On March 7, 2011, the court ordered D to pay the Plaintiff KRW 5,285,490 and delay damages for KRW 3,947,60 among them.
The original copy of the above order was served on March 15, 201 and became final and conclusive on March 30 of the same month.
The delinquent management fee for common areas among the above money is 3,947,600 won.
D From January 201 to September 6, 2012, D did not pay 2,936,770 won (one day of September 2012, 201; hereinafter the same shall apply) in the aggregate of management expenses for common areas.
E. From September 7, 2012 to April 2013, the Defendant did not pay a total of KRW 2,936,770 and late payment charges of KRW 202,370.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 11, 12-1 and 2, the purport of the whole pleadings
2. Determination on this safety defense
A. The Defendant’s defense is not a management body of the instant condominium, and thus is not a legitimate entity managing the instant condominium.
(B) The instant lawsuit seems to be unlawful on the grounds that the Defendant is not eligible to claim management expenses and late payment charges.
Judgment
Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") is established when a sectional ownership relationship for a building is established.