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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.
Reasons
1. In the instant case where the Plaintiff seeks payment of KRW 22,639,343 and late payment charges of KRW 3,675,200 against the Defendant from July 2007 to August 2013, the part concerning the claim for management fees is accepted and the part concerning the claim for late payment fees is dismissed, it is evident that only the Defendant has filed an appeal against the part concerning the claim for management fees, and that only the part concerning the claim for management fees in the judgment of the first instance court is subject to the judgment of the court of the first instance, so that only the part concerning the claim for management fees in the judgment of the first instance is subject to the judgment of the party
2. Basic facts
A. 1) The Plaintiff is in Bupyeong-si C (hereinafter “instant aggregate building”)
(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;
A) Pursuant to the management body consisting of all sectional owners, management of the instant aggregate building and management fees have been imposed and collected on occupants. Meanwhile, there is no effective management rules on the instant aggregate building. 2) The Defendant is a sectional owner of the fourth floor of the instant aggregate building, 45, 134 (4.18 square meters, 4.18 square meters, 4.045 square meters, 150 square meters (3.92 square meters, 3.796 square meters, 150 square meters) on the ground of the instant aggregate building.
(hereinafter referred to as “each of the instant stores” in combination with the said three stores.
1) The instant aggregate building is a complex building for the purpose of which sales, sports, or amusement facilities consisting of 7 or 12 underground floors are integrated. The instant aggregate building is divided into a machine room, part of 6 or 2 underground floors, a parking lot from 6 to 2 underground floors, the remainder of 2 underground floors into sports facilities, a restaurant and office, an shopping mall facility from 1 to 4 underground floors, and an shopping mall from 5th above ground to 12th above ground. 2) The instant aggregate building is divided into a sales facility or office facility from 1 to 4th above ground (a type of operation).