Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), the Defendant is a management body comprised of sectional owners of Btel (hereinafter referred to as the "instant officetel"), which is an aggregate building of the 10th floor underground floor located in Songpa-gu Seoul Metropolitan Government (Road Name Address: D) pursuant to the aforesaid Act.

The 801 of the instant officetel No. 801 (hereinafter “No. 801”) was owned by E (hereinafter “E”) since 1992. The Plaintiff completed the registration of ownership transfer with respect to No. 801 on March 23, 2016 after obtaining the bid for No. 801 at the auction procedure.

The Defendant received a certification from the Plaintiff on June 16, 2016, that “the Plaintiff shall exercise its rights as a new owner under subparagraph 801, and shall take civil and criminal measures against the Defendant’s obstruction of use, such as electric power plant measures currently being taken,” while maintaining the suspension of use of electric power plant from January 2015.”

On June 30, 2016, the Plaintiff filed a provisional disposition seeking suspension of the Defendant’s temporary measures against No. 801, and rendered a decision on September 26, 2016 that “ On the condition that the Plaintiff deposits one million won as security for the Defendant, the Defendant shall not take any measure against the Plaintiff regarding No. 801 (Seoul Eastern District Court 2016Kahap240),” and the Defendant released the temporary measure against the Plaintiff on October 6, 2016.

On the other hand, 3,246,180 won was not paid in aggregate of the management expenses from January 2015 to September 2016 and from January 2016 to October 2016 as shown in the separate sheet among the management expenses for common areas imposed under Article 801, and the defendant imposed the late payment charge of KRW 324,60 in aggregate as shown in the separate sheet.

Since July 1, 2003, the defendant has set up management rules that include the following matters:

Article 4 (Succession to Rights and Obligations) (1) The management entity shall pay a full-time tax and monthly tax of the owner.