1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. The Plaintiff is a managing body comprised of all sectional owners under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) for the management and operation of the site and building of A located in Bupyeong-si, Busan (hereinafter “the instant aggregate building”). The Defendants are sectional owners who own the instant aggregate building as shown below.

No. 1 D 295 No. 2.2 B 3, 255, 256, 259, 260, 3 E 4, 180, 5 G 1.6 G 90, 217, 218, 26, 26, 258 J 258, 273, 64, 65, 76, 77, 78, and 11 M 4, 136, 11, 4, and 460 of 273, 273, 273, 9, 65, and 10

B. Under the management body agreement, N, one of the sectional owners of the instant aggregate buildings, filed a lawsuit against the Plaintiff claiming return of unjust enrichment by asserting that the amount of management fees imposed and collected by the management body agreement of the Plaintiff is not reasonable (Yincheon District Court Branch Branch Decision 2010Gadan39712). The said court determined that the Plaintiff’s management body agreement was null and void because it did not obtain consent of at least 4/5 of the sectional owners stipulated in the main sentence of Article 41(1) of the Aggregate Buildings Act.

The Plaintiff’s appeal (In Incheon District Court 2013Na6254) and the final appeal (Supreme Court 2014Da72197) were all dismissed, and the above judgment became final and conclusive.

Since then, the meeting of the management body for the enactment of the management body regulations was attempted, but it was not possible to collect the members of the management body, and there is no effective management body regulations in the aggregate building of this case.

C. The instant aggregate building structure is a complex purpose building in which sales, sports, or amusement facilities consisting of 7 underground floors and 12 above ground are integrated, and the sales, sports, or amusement facilities consisting of 1st to 4th above ground, and the outer scope of sales facilities consisting of 1st to 4th above ground is a neighborhood living facility.

A store with 1 to 4 floors on the ground except for the remaining neighborhood living facilities outside the 1st floor.