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

1. Basic facts

A. 1) The Plaintiff’s status as the parties

(ii) the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of sites and buildings;

(2) The Defendant is a sectional owner of the second floor of the instant aggregate building (3.92m2, 3.6319m2, hereinafter “instant store”) among the instant aggregate buildings, who is a management body comprised of all sectional owners, has managed the instant aggregate building, and has imposed and collected management fees for the occupants.

B. 1) The instant aggregate building is a complex purpose building in which sales, sports, business, or amusement facilities are integrated with the 7th and the 12th underground floor. The 7th underground floor is divided into a machine room, a part of the 6th and the 2nd underground floor, a sports facility for the remainder of the 2nd underground floor, a restaurant and office for the 1st and the 4th underground floor, an shopping mall for the 1st to the 4th above ground, and a sales facility or office facility for the 5th and the 12th above ground. 2) The instant aggregate building is a shopping mall for the 1st and the 4th above ground of the instant aggregate building (excluding the outer neighborhood living facilities of the 1st floor; hereinafter referred to as “ shopping mall”).

A) The shopping mall is a collective sales facility that carries on business with the general public from 11:00 a.m. to 0:00 a.m. (or 02:30 p.m.). The shopping mall is a densely concentrated of stores in a narrow area (not less than 3:00m. to 5m2). The corridor is relatively wide distribution because the boundary between the stores is not divided into a solid wall, and there is no electric measuring instruments or water measuring instruments for each store (However, electric measuring instruments are installed on each floor).

(B) In addition, the permanent population and the floating population, such as distributors and customers, are relatively large. (B) The office facilities on the fifth or higher aggregate building of this case are mainly office facilities.