1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. The Plaintiff is a corporation that registered the establishment of a superstore in accordance with the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 1999) on April 15, 1999 with the consent of 2/3 or more of the shop occupants, such as sectional owners and shop owners, with respect to the D shop located in Busan and Seodong-gu, Busan (hereinafter “instant shop”).

B. At the time of the establishment registration of the superstore, the Plaintiff enacted the management rules with the consent of at least 2/3 of the occupant-merchants of the said shopping mall. Articles 35 and 36 of the said management rules provide that the sectional owner and the lessee shall be jointly and severally liable for all expenses incurred in the management of the section for common use, etc. (management expenses) in accordance

C. On April 2006, the Defendant awarded the instant commercial building 1168 in the Busan District Court E’s auction procedure and paid the price in full on May 17, 2006. On the other hand, around April 2013, the Defendant was awarded the instant commercial building 505 in the Busan District Court’s F real estate auction procedure and paid the price in full on May 8, 2013.

According to the plaintiff's commercial building management rules, a sectional owner is obligated to bear expenses, etc. incurred in the maintenance of buildings and business management-related common interests (Article 6 subparagraph 7), and accordingly shall bear all expenses incurred in the management of common areas, etc. (Article 35) in accordance with the standards for imposition (Article 35), and a person who has obtained ownership on the register of the company registry shall automatically succeed to the above rights and obligations (Article 7 (1)).

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]

2. Determination as to the cause of action

A. According to the overall purport of the statements and arguments set forth in Gap evidence Nos. 7, 8, 10, and 14, the following facts: ① With respect to the commercial building No. 1168, the aggregate of KRW 5,069,190 (including value-added tax) and the aggregate of the management fees from September 1, 2010 to August 31, 2013; and KRW 5,867,630 (including value-added tax) with respect to the commercial building No. 1168, the aggregate of KRW 798,40,630; ②