1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. (1) The Plaintiff is a management body comprised of all sectional owners pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) for the management and operation of the site and building of A department stores located in Bupyeong-si, Seocheon-gu, Seoul (hereinafter “the instant condominium building”), and has managed the instant condominium building and imposed and collected management fees on the occupants.

(2) The Defendant is a co-owner who owns 170 square meters (3.84 square meters, 2.579 square meters, 3.92 square meters, 362 (3.92 square meters, 3.6319 square meters, 365 square meters, 366 square meters (4.62 square meters, 4.2805 square meters, 2805 square meters), 366 square meters (3.27 square meters, 3.27 square meters, 3.0297 square meters, and hereinafter, referred to as “each of the instant stores”).

B. (1) One of the sectional owners of the instant condominiums filed a lawsuit against the Plaintiff seeking return of unjust enrichment by asserting that the amount of management expenses imposed and collected pursuant to the Plaintiff’s management agreement is not reasonable (the Incheon District Court Decision 2010DaGa39712) by asserting that the amount of management expenses imposed and collected pursuant to the Plaintiff’s management agreement was not reasonable.

In the above case, in calculating the number of written resolution of sectional owners in accordance with the provision of Article 41 (1) of the Aggregate Buildings Act, in relation to the validity of the plaintiff's management body agreement, the court shall calculate the number of sectional owners in calculating the number of written resolution in the aggregate building, if one person owns several sections within the aggregate building, it shall be regarded as one sectional owners. The plaintiff's management body agreement did not meet the quorum due to the plaintiff's failure to obtain the consent or approval of more than 4/5 of the sectional owners of the aggregate building in this case

In response to the above judgment, the Plaintiff filed an appeal (the Incheon District Court 2013Na6254) and the final appeal (the return of unjust enrichment) (the return of unjust enrichment by 2014Da72197). However, both appeals and final appeals are dismissed, and the said judgment is as it is on January 21, 2015.