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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The building A (hereinafter “the building of this case”) is an aggregate building consisting of divided stores that are the object of sectional ownership, and the plaintiff is a management body consisting of the entire sectional owners of the building of this case.
From February 2016, the Defendant operated the 1st floor C of the instant building with the trade name called “E-Sari” (hereinafter “E-Sari”), “E-Sari” (hereinafter “E-Sa”), which was leased from D as its owner.
B. The Plaintiff’s building management regulations applied from December 1995 are as follows. The total area of the instant building is 6,200.35 square meters (1,875.6059 square meters) and the area occupied by the instant friendship is 715.725 square meters (216.5068 square meters), and the ratio of the area occupied by the instant friendship in the instant building is 11.54 percent.
Article 15 (elevators) Elevators shall conduct regular inspections twice a month and observe the following matters:
1. In the event of a power failure or breakdown on board an elevator, he/she shall have the managing staff guide;
Article 18 (Measurement)
2. Electricity (heating, water supply, drainage, sewage, exhaust power, etc.), exterior lights, security lights, corridor lights, stairs, elevator electricity and other common parts, etc. to be used by an engine room shall be operated jointly, and they shall be operated in proportion to the horizontal numbers of each household;
Article 19 (Electric Utility Rates)
3. The basic charges shall be imposed in proportion to the average number of households occupied by such households;
Article 23 (Water Rates)
2. The air-conditioning water, fire-fighting water, building cleaning water and other water jointly used shall be jointly borne according to the number of offices and stores sold in lots;
Article 26 (Installation Fee) The usage fee of sewerage shall be imposed on the office and the number of stores in relation to the quantity of water supply used in common after notifying respectively the charges by type of business according to the quantity of water supply improved for the water supply of the water to be used.
C. The details of management expenses to be borne by the Defendant from April 2016 to December 2017 and the unpaid management expenses are as listed in the following table:
General management expenses;