1.The judgment of the first instance, including a claim that has been reduced and expanded by this Court, shall be modified as follows:

The defendant.

1. Basic facts

A. The Plaintiff is composed of the E Apartment F-dong in Gyeyang-gu, Incheon, (as an aggregate building of the fourth floor and the third floor above the ground, a total of 60 buildings.

The Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Act”) is a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Act on Condominium Buildings”).

B. On August 1, 2016, the Defendant completed the registration of the transfer of ownership in his/her own name on the ground of sale and purchase as of the lower-rise D (exclusive ownership 547.5 square meters) and the lower-rise H (exclusive ownership 378 square meters, December 15, 2011, divided from the underground floor D No. 378 square meters, and December 19, 201) of the instant aggregate building on the lower-rises (the foregoing two divided buildings collectively referred to as “instant heading room”).

The management expenses for the family room in this case have been in arrears for a long time from the previous date. On October 7, 2016, the defendant did not pay the management expenses to the plaintiff, except that the existing owner paid 30,000,000 won out of the unpaid management expenses (the subsequent payment is deemed to have been made by the defendant).

From July 2016 to September 2020, the Plaintiff sought payment from the Defendant with respect to the management expenses and late payment fees incurred in relation to the instant heading room in total of KRW 162,863,635 as shown in the attached Form.

Under the premise that the total area of the instant condominium building is 7,402.48 square meters (2,239.24 square meters), the Plaintiff calculated and imposed management expenses in proportion to the total area of each unit room (exclusive ownership area). In the first instance trial, the Plaintiff filed a claim on the premise of the same standard. However, the Plaintiff claimed management expenses based on the total area of 7,420.03 square meters (2,244.56 square meters) recorded in the aggregate building register and claimed management expenses on the basis of the same standard.

The sum of the area of exclusive ownership and the area for common use in the instant lake room is 1,871.213 square meters (56.04 square meters).

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The representative C of the Plaintiff’s main point of the assertion is a legitimate management decision.