1. The judgment of the first instance court, including the Plaintiff’s claim expanded by this court, is modified as follows.

1. Facts of recognition;

A. 1) The Plaintiff is a party to the collective building A located in the Nowon-gu Seoul Metropolitan Government (hereinafter “the instant condominium building”).

(ii) the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of sites and buildings;

(2) The Defendant is a sectional owner holding 348 square meters of the second floor of the instant aggregate building (3.92 square meters of the exclusive ownership area, 3.6319 square meters of the corridor), which is composed of all sectional owners, to manage the instant aggregate building and to impose and collect management fees on the occupants.

(hereinafter “instant store”). (b)

Plaintiff

D, 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 in accordance with the Plaintiff’s management agreement is not reasonable (the repayment of unjust enrichment by Incheon District Court Decision 2010Kadan39712). The court determined that the Plaintiff’s management agreement was null and void on the ground that the Plaintiff’s management agreement did not obtain the consent of more than 4/5 of the sectional owners as stipulated in the main sentence of Article 41(1) of the Aggregate Buildings Act.

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.

C. The instant aggregate building is a complex building for the purpose of which sales, sports, business, or amusement facilities are integrated with the 7th underground or the 12th underground floor. The 7th underground floor is a machine room, the 6th underground through the 2nd underground floor, the remainder of the 2nd underground floor is a sports facility, the 1st underground floor is a restaurant and office, and the 1st underground floor is a shopping mall facility from the 1st underground to the 4th underground floor.