1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. The first floor is 195 partitioned buildings, and the second floor is an aggregate building registered as a single partitioned building. The second floor is an aggregate building registered as a whole.

B. On October 4, 2010, the Plaintiff is an organization consisting of a sectional owner or a store operator of the first floor for the operation, management and smooth operation of the first floor A of the instant building, and friendship. The Defendants are the merchants operating a store on each floor of the instant building.

C. The Plaintiff collected KRW 5,00 per day from the merchants of the first floor of the instant building, and used KRW 5,00 for the management expenses for seawater facilities, slurbs (fluorings, such as active fish farms, and seed coats) cleaning expenses, public electricity and water charges, expenses for use of oxygen, and expenses for the Plaintiff’s operation.

As of January 18, 2017, the Defendants refused the payment of the above daily expenses, Defendant B did not pay KRW 1,684,000 to Defendant B, and Defendant C did not pay KRW 3,432,00 to Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-2, Gap evidence 3-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants are members of the Plaintiff and are obligated to pay the unpaid daily expenses to the Plaintiff as members.

B. The Plaintiff constitutes a management body for partial common use of the first floor of the instant building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), and is entitled to collect management expenses from the Defendants, the Defendants shall pay the unpaid daily expenses to the Plaintiff.

C. The first floor of the instant building is of a structure without a separate boundary wall, and the entire sectional ownership constitutes a co-ownership relationship, and the Plaintiff, which is composed of a majority of sectional owners of the first floor, may collect management expenses from the Defendants in accordance with the provisions on the management of common property under the Civil Act.

The plaintiff has been engaged in management, maintenance and repair for the merchants of the first floor of the building of this case, including the defendants, so the expenses for the management of the business are unpaid.