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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is a co-owner of B116 (hereinafter “instant store”) among the buildings that are primarily compounded buildings with the fifth and fifteenth floor above the Seoul Seocho-gu Seoul, Seocho-gu, and the 15th floor above the ground (hereinafter “instant condominium buildings”).

B. The Defendant is a managing body of the instant condominium building.

C. The Defendant, the management office, and the occupant of the underground shopping district, unfairly impose on the Plaintiff the electricity fee incurred from the possession and use of the section for exclusive use by the sectional owner.

Although the management expenses of the store of this case should be calculated according to the sale area, the defendant imposed management expenses calculated according to the contract area rather than the sale area on the plaintiff.

Therefore, among the management expenses paid by the Plaintiff to the Defendant on May 18, 2016, KRW 1,288,00,00 in excess of KRW 49,947,00 according to the sale area, was acquired without any legal cause. Therefore, the Defendant, as unjust enrichment, must return the said KRW 1,288,000 and delay damages therefor to the Plaintiff.

2. Determination

A. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant et al. occupied and used the Plaintiff’s exclusive ownership. Therefore, the Plaintiff’s above assertion is without merit.

B. In full view of the following circumstances acknowledged by the evidence No. 8, No. 1-2, No. 1-2, and the purport of the whole pleadings, the method of imposing the Defendant’s joint-paid management fee cannot be deemed unlawful. Thus, the Plaintiff’s assertion based on such premise is without merit.

The management rules of commercial buildings or apartment buildings include management expenses (management service expenses, electricity security agency fees, elevator maintenance expenses, common electricity fees, etc.) for joint burden on the basis of the supply area (sale area, supply area, hereinafter referred to as "supply area").

In the case of commercial buildings, the defendant shall have the aggregate of the area for exclusive use and the area for common use, and in the case of apartments and officetels.