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

Purport of claim and appeal

The first instance court.

A. A. Around May 2012, the Plaintiff leased a 1st underground floor store (13 and 14) of the main complex building located in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, and operated a restaurant selling beer, kin, etc. with the trade name “D” from around that time.

B. B is used as a commercial building including sales facilities, business facilities, neighborhood living facilities, viewing and assembly facilities (hereinafter “instant commercial building”) from the 2nd to the 7nd above ground, and as a multi-family housing from the 8th above ground to the 30th above ground. The Defendant is a management body composed of sectional owners of the commercial buildings in the 7th above ground.

C. Before around 2005, the Defendant: (a) imposed the heating and cooling expenses for all commercial buildings, including power costs and gas charges, among the management expenses for commercial buildings; (b) around 2005, some sectional owners filed a civil petition that uniformly impose heating and cooling expenses without considering the fact that some sectional owners run the business hours from the first to the second floor above the instant commercial building to the second floor above the ground; (c) on public holidays; and (d) on the other hand, an office, hospital, or private teaching institute is relatively short of business hours from the third to the sixth above ground to the sixth above ground and does not run on public holidays.

(Ground 2 and ground 7 commercial buildings are self-conditioning and heating). D.

Therefore, the defendant opened a management body's representative meeting in 2005 and separately installed two groups, such as the commercial buildings from the first to the second floor above the ground, and the commercial buildings from the third to the sixth floor above the ground, etc., for heating and cooling by each group, and then decided to impose heating and cooling charges in the way of allocating power and gas usage fees (hereinafter "heating and cooling charges") required for operating the cooling and heating equipment each month according to the ratio of the area of individual commercial buildings belonging to each group. The defendant decided to impose heating and cooling charges in the way of allocating from the first to the second floor above the ground according to the resolution.