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

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a management body comprised of sectional owners of the Gangnam-gu Seoul Metropolitan Government Government Government-ground A main apartment (hereinafter “instant building”) and the Selection C is a 101 and 102 building of this case, the Selection D is a 103 building of this case, the Defendant (Appointed Party) and the Selection E are the owners of 1/2 shares among the 104 building of this case.

B. The instant building is composed of one story, six stories on the ground, and 2,340.9 square meters on the ground. The underground one story has 510.13 square meters on the underground parking lot, 95.5 square meters on the machine generation room, 27.48 square meters on the stairs room, and the ground one story has 436.49 square meters on the secondary neighborhood living facilities (public notice board, at the present coffee shop), 6.48 square meters on the management room, and the ground 2 through 6.48 square meters on the ground is an apartment (each story shall be 25.02 square meters on the ground, but 6 stories shall be 19 households on the ground.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, 8, 9 (including paper numbers)

2. The parties' assertion

A. The Defendant (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Defendants”) who are the owners of the instant building, did not pay the public management expenses according to the share of the owned area of KRW 500,000 per month or the total area agreed with the Plaintiff from July 2016, since the Defendants did not pay the said unpaid management expenses and damages for delay to the Plaintiff.

The Defendants are obliged to return to the Plaintiff unjust enrichment obtained from the illegal occupation for ten years since they illegally occupied and used the corridor and stairs of the first floor, which is the common area of the instant building.

B. The Defendants’ common areas of the instant building are structurally divided into the commercial and apartment parts. The Defendants form a management body for the partial common areas for the management of the common areas of the instant building and manage them independently. Therefore, the Plaintiff’s claim for management expenses is without merit.

Even if the obligation to pay the management fee is recognized,