A. On July 8, 1996, the Plaintiff is a management body composed of sectional owners of A shopping mall, an aggregate building located in Daejeon Seo-gu, Daejeon (hereinafter “instant shopping mall”), and the Defendant is a sectional owner who was awarded a contract with 70 square meters [26.23 square meters of exclusive use area, 19.11 square meters of public use area, 45.34 square meters of common use area (13.71 square meters)] (hereinafter “instant store”) and completed the registration of ownership transfer on August 22, 1996.

B. On October 5, 2002, the Plaintiff: (a) set the general management expenses as KRW 3,160 per ordinary day; (b) set the time limit for payment of the management expenses as the 17th day of each month; (c) revised the management rules with the content that the late payment rate of the management expenses does not exceed six months, 8% for not less than six months but not more than one year, and 10% for not less than one year (hereinafter “instant management rules”); (d) imposed the management fees applying it thereafter; and (e) raised the general management expenses as KRW 3,600 per ordinary day from January 2012.

C. The Defendant did not pay management expenses from October 201 to September 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, 7, 9, 11, Eul evidence No. 2, and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. (1) The Plaintiff’s assertion (1) applied KRW 3,600 to the Defendant, who is the sectional owner of the instant commercial building, based on the administrative expenses set forth in the instant management agreement, and imposed KRW 1,839,00 in total (=management expenses KRW 1,757,000) as stated in the detailed statement of the payment of management expenses from October 201 to September 2014. As such, the Defendant is obliged to pay the said management expenses, arrears, and damages for delay to the Plaintiff.

(2) The instant management rules asserted by the Plaintiff as the ground for the imposition of management fees are established and modified with the consent of at least 3/4 of the sectional owners and at least 3/4 of voting rights pursuant to Article 29(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).