The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff leased 7,8 floors among the buildings listed in the attached Form C (hereinafter “instant building”) from C and used them as a trading hole until December 31, 2018.

B. The Defendant is a management body under the Condominium Building Act that consists of all the sectional owners of the instant building.

(c)

In 2018, the Plaintiff notified the Defendant that a waterproof Construction on the front floor of the rooftop floor and the flower should be implemented on the ground of water leakages such as the main room and the toilet of the eightth floor of the instant building, and requested the Defendant to pay for this.

(d)

On September 27, 2018, the Plaintiff awarded a contract to D for a waterproof Construction Work on rooftop Roof B, etc. (hereinafter “the instant waterproof Construction Work”) with the construction cost of KRW 108,130,000 (including value added tax; hereinafter “the instant construction cost”).

[Grounds for recognition] The evidence Nos. 1 through 4, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. Despite the Plaintiff’s repeated request for repair, the Defendant did not undertake waterproofing construction on the rooftop. The Plaintiff paid construction cost of KRW 108,130,000 to D in relation to the waterproofing construction. Since the said waterproof construction is related to the rooftop which is the section for common use among the instant building, the Defendant acquired the construction cost disbursed by the Plaintiff without any legal cause.

B. The entire size of the rooftop of the instant building is 2,906 square meters. Among this, the area used by the Plaintiff is 91 square meters and the area used for public use is 1,915 square meters. As such, the construction cost is 108,130,000, the remainder calculated by deducting the amount of KRW 29,678,00 that is equivalent to the area used by the Plaintiff out of the said construction cost from the construction cost of KRW 108,452,00 (=108,130,000 - 29,678,000).

Meanwhile, Article 47(1) of the Management Rules of the instant building provides that the ratio of the management cost for the 7,8th and lower levels of the Plaintiff to the management cost shall be 20%, and C, the representative director of the Plaintiff, is obligated to pay the management cost for the said 20% ratio.

Therefore, it is true.