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1. The Defendant’s KRW 10,866,661 as well as 5% per annum from June 19, 2018 to July 12, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that registered the establishment of a superstore pursuant to Article 8 of the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 1999; hereinafter the same) with the consent of 2/3 or more of the shop occupants, such as sectional owners and shop owners, with respect to G commercial buildings located in the area of Busan and Seodong-gu, Busan (hereinafter “instant commercial building”).
B. The Defendant is the owner of Hho Lake among the instant commercial buildings (hereinafter “instant store”).
C. At the time of the registration of the establishment of the superstore, the Plaintiff enacted the management rules (hereinafter “instant management rules”) with the consent of 2/3 or more of the shop occupants of the instant shopping mall.
In the instant management rules, sectional owners are obligated to bear expenses, etc. incurred in the maintenance of buildings and business management-related common interests (Article 6 subparagraph 7), and accordingly bear all expenses incurred in the management of common areas, etc. (Article 35) in accordance with the standards for imposition (Article 35); and a person who obtains the ownership transfer on the register of the company shall automatically succeed to the above rights and obligations.
(Article VII, Section 1). D.
The store of this case was owned by I, but it was purchased by K on February 14, 2007 in the voluntary auction procedure for real estate J of the Busan District Court.
4. 30. Around April 13, 2015, the registration of ownership transfer was completed in the company’s future, and subsequently, on April 25, 2016, the Defendant purchased it and completed the registration of ownership transfer on April 25, 2016.
E. I, who is the former owner of the instant store, and K, did not pay management expenses, and the principal of the management expenses for the section for common use in arrears is 11,346,661 won in total as follows:
1) The fact that there is no dispute over KRW 5,003,160 from February 2, 2004 to March 2005 (2), from April 2005 to January 2007, 5,003,160 won) to March 2015, 3,465,890 [based on recognition] from March 2012 to March 2015, 1-17 (including both household numbers; hereinafter the same shall apply)
each entry, pleading, or pleading of evidence No. 12.