1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. 2/3 of the total costs of the lawsuit shall be the Plaintiff.

1. Basic facts

A. The plaintiff is the management body of the 501-dong Commercial Building C (hereinafter “instant commercial building”) in Suwon-gu, Busan (hereinafter “instant commercial building”).

B. The Defendant is operating a screen golf course with the trade name “D” while occupying Nos. 20 to 22 of the 1st underground floor of the instant commercial building (hereinafter “instant store”).

C. On June 2014, the General Management Co., Ltd. (the name was changed from Gu residents Co., Ltd. to the General Management Management for Beneficiary Co., Ltd.; hereinafter “General Management for Beneficiary”) entrusted by the Plaintiff with the duties, such as the imposition of management expenses of the building of this case from June 2009.

The Plaintiff’s articles of incorporation (hereinafter “instant articles of incorporation”) was enacted around May 2009, and the amendment was made around July 2015 (hereinafter “instant articles of incorporation”). In relation to management expenses, the following provisions were newly established:

The payment deadline, such as management expenses (payment deadline) under Article 42 shall be the last day of each month.

Provided, That where the payment date is a holiday, it shall be the first working day of the financial institution following the first working day.

The overdue charge on a store that has not paid management expenses, etc. within the deadline shall be imposed according to the overdue rate specified in attached Table 1.

Article 44 (Measures against Default in Arrears, such as Management Expenses) (1) The Chairperson may issue a reminder if he/she fails to pay management expenses, etc.

(2) Even after the Chairperson has issued a reminder, he/she may take measures, such as an application for payment order under the Civil Procedure Act or a request for a trial of small amount under the Trial of Small Claims Act, against a store in arrears with management expenses

(3) Where management expenses, etc. are in arrears for at least three months, the Chairperson may take measures, such as shortage, suspension, etc.

The overdue month 12 23 4 4 5 6 6 78 9 10 110 11, over 23.5 6 5 6.6 8 5 6.8 11 November 4, 134 16.2 17.8 19.420 [Attached Table 1]

E. On August 23, 2016, the Plaintiff took a full-time measure against the instant store on the ground that the Defendant did not pay the management expenses for the instant store.