1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a management 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 the building of Bupyeong-si A (hereinafter “the instant aggregate building”). The Defendant is a sectional owner holding No. 403, 408, 413, and 414 among the instant aggregate buildings.

B. A management body agreement, 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 due to the Plaintiff’s failure to obtain consent of at least 4/5 of the sectional owners stipulated in the main sentence of Article 41(1) of the Condominium 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 condominium structure is a complex building that combines sales, sports, or amusement facilities consisting of 7 stories underground and 12 stories above the ground, and is divided into shopping mall sales facilities (However, the outer range of the first floor is a neighborhood living facility; hereinafter the same shall apply) from the first floor to the fourth floor above the ground, and sales facilities or office facilities from the fifth to the fourth floor above the ground.

The plaintiff imposed the management fee of the plaintiff, after calculating the share area by adding the exclusive ownership area and the corridor area.