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

Purport of claim and appeal

1..

A. The Plaintiff is a management body comprised of all sectional owners pursuant to the Act on the Ownership and Management of Aggregate Buildings for the management and operation of the site and building of the land and building of the land and building located in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu C (hereinafter “instant aggregate building”), and the Defendant is a sectional owner who owns the third floor Nos. 309 and 314 (each section for exclusive use: 3.92 square meters, and corridor part: 3.27 square meters) among the instant aggregate buildings.

B. One of the sectional owners of the instant aggregate buildings filed a lawsuit against the Plaintiff seeking return of unjust enrichment by asserting that the amount of management expenses imposed and collected pursuant to the Plaintiff’s management organization agreement is not reasonable, and the court did not obtain consent from at least 4/5 of the sectional owners under the main sentence of Article 41(1) of the Aggregate Buildings Act. The court determined that the Plaintiff’s management organization agreement was null and void.

The plaintiff is dissatisfied with the appeal (In Incheon District Court 2013Na6254), the appeal (2014Da72197), but all of the appeals were dismissed, and the judgment became final and conclusive.

Since then, the management body's meeting for the enactment of the management body regulations was tried, but it was not possible to collect material resources, and therefore, there is no effective management body regulations in the aggregate building of this case.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, 4, 6, 7, and 8, and the purport of the whole pleadings

2. The judgment management body may claim management fees for common areas against the sectional owners who are liable to pay the management fees (Supreme Court Decision 2009Da22266 Decided July 9, 2009). The management fees for common areas not only the expenses spent for the direct maintenance of the common areas themselves but also the aggregate building for the common interest of the whole occupants among the expenses spent for the maintenance and management of the aggregate building including the exclusive ownership.