1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff asserts that the Defendants are co-owners of the building A (hereinafter “the building”) 1301 in Busan Young-gu and did not pay management expenses so far from January 2013, 201, and thus, the Defendants are obligated to pay to the Plaintiff the total management expenses of KRW 8,044,730 and delay damages.

The Defendants asserted that: (a) in the case of an aggregate building, the management body consisting of all sectional owners is established when the sale of the building is commenced and the occupancy is performed; (b) there is no effective management body due to the lack of occupancy; and (c) even if the building is not a domestic one, the Plaintiff is not eligible to be a party; (d) the above 1301 is difficult to be used as a residence due to the failure to complete internal construction works; (e) the Defendants did not have resided therein; and (e) the Plaintiff did not present specific grounds for calculating the management fees; and thus, (e) the Plaintiff cannot respond to the Plaintiff’s request on the ground that the determination on the change of the safety at issue was made; (e) the management body of an aggregate building falls under an apartment building of a certain size or larger; and (e) the management body of an aggregate building falls under an apartment building and constitutes an apartment building, and (e) the Plaintiff may delegate its affairs related to the section for common use to the council of occupants’ representatives (see Supreme Court Decision 2015Da3570, Mar. 16, 2017).