1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

1. Basic facts

A. The Defendant entered into a management body(s) composed of the sectional owners of the D Building in Ansan-si (hereinafter “instant building”) and a management service contract for the instant building and entered into a management service contract for the instant building. The said service contract (Article 7 of the detailed provisions) provides that the management fee of the instant building shall be calculated on the basis of the “sale area of the common area”.

B. According to the extension in around 1997, the instant building was newly added to the 7th floor the area of section 110.08 square meters for exclusive use on the 7th floor (hereinafter referred to as “house”). Accordingly, the total floor area of the instant building was changed from 8,394.54 square meters to 8,512.62 square meters on the aggregate building register (10.08 square meters), but the area of the section for common use under Article 708 was registered as 0 square meters, and the area of the remaining section for common use was not changed to 3,843 square meters and 708 square meters.

C. On February 26, 2013, the Plaintiff acquired ownership of subparagraphs 707 and 708 through voluntary auction. D.

The defendant imposes management expenses by applying the area of common areas of 707 and 708 as 19.234 square meters and 110.679 square meters, respectively.

E. On the other hand, on February 24, 2014, the area of exclusive ownership under subparagraph 707 of Article 20.52 square meters and the area of exclusive ownership under subparagraph 708 of Article 708 was divided into the area of 41.54 square meters and that of 97.06 square meters and the area of exclusive ownership under subparagraph 708 of Article 707.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, Eul evidence Nos. 1, 6, 14 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion applies the ratio of the area of the section for common use to the area of the same section for exclusive use as that of the other story (hereinafter “common use ratio”) to the 7th floor among the instant buildings after the extension under Article 708. However, the Defendant calculates the area of the virtual common use on the 7th floor only for the 7th floor (93.73% for the common use ratio) management expenses.