1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

1. Basic facts

A. The Plaintiff is a management body established for the purpose of the management of the instant aggregate building and its site and its appurtenant facilities pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) by sectional owners, etc. of A, which is an aggregate building on the land outside Busan-gu, Busan-gu, and three lots of land (hereinafter “the instant building”). On December 27, 2012, the Defendant occupied the instant aggregate building No. 104 of the first floor (hereinafter “the instant store”) under a trust from D, its owner.

B. According to the Plaintiff’s articles of incorporation (hereinafter “instant articles of incorporation”), the Plaintiff’s member who was the owner of the instant condominium building or the lessee thereof, and the Plaintiff’s member is liable for the payment of management expenses (Article 8); management expenses are imposed in accordance with the principle of employer-sharing; management expenses are imposed; management expenses for common areas are calculated according to the number of units sold in lots; management expenses for exclusive use are calculated according to the usage volume (Article 32); management expenses for exclusive use are calculated according to the usage volume (Article 32); the effect of the instant articles of incorporation is limited to the person who succeeded to the status of the occupant (Article

(Article 8 (Article 8 (1) of Addenda). (c)

From January 2013 to December 2013, the Defendant began to pay the management expenses imposed on the instant store, and the management expenses in arrears are KRW 1,607,360 (hereinafter “instant management expenses”), and the sum of the late payment charges calculated pursuant to Article 35 of the Plaintiff’s articles of incorporation that “the unpaid management expenses shall be 25% per annum” with respect to the above delinquent management expenses is KRW 83,060.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings]

2. Judgment on the Defendant’s main defense

A. The plaintiff is not a management body under the Act on the Ownership and Management of Aggregate Buildings, and the plaintiff's representative E also has no right to claim the management fee of this case because it is not legally appointed.