1.To order payment in excess of the following amounts among the parts concerning the principal lawsuit of the judgment of the first instance.

1. The scope of the judgment of the court in this case claimed the payment of management expenses as stated in the claim of the principal lawsuit in this case. The defendant claimed damages for the counterclaim in this case. The court of first instance accepted the plaintiff's claim of the principal lawsuit and dismissed the defendant's counterclaim.

Accordingly, the defendant appealed, and the trial before the remand partially accepted the defendant's appeal against the main lawsuit, and partly revoked the part concerning the main lawsuit of the judgment of the court of first instance, and partly accepted the main claim, and rendered a judgment that dismissed the appeal against the counterclaim.

As a result, the Supreme Court reversed the part against the defendant as to the principal lawsuit by the judgment of remand.

Since the part of the defendant's counterclaim claim became final and conclusive through the above circumstances, the scope of the trial of this court after remand is limited to the part against the defendant among the claims that were destroyed and remanded.

2. Basic facts

A. The Plaintiff is a managing body established for the purpose of implementing the management of the instant commercial building and its site and its accessory facilities, consisting of all sectional owners of the 6th underground floor and the 13th apartment building (hereinafter “instant commercial building”) constructed and sold on the land outside Seoul Jung-gu, Seoul and the 3rd apartment lots. The Defendant is a sectional owner of the 10.51/31,539.56 square meters store and the 1180 square meters store of 3.97 square meters store and the 13.97 square meters store of 1st floor among the instant commercial buildings, which are the exclusive owners of the 10.51/51,539.56 square meters store of 10.51/31,539.56.

B. A IMP bargaining, an executor, has sold a total of 2,261 units of the instant shopping mall in the form of an individual store, such as “D” and “E”, with the degree of 3.97 square meters in exclusive use, as in the form of an individual store, such as “D” and “E”, to the general public including the Defendant. However, until April 2007, the date of completion, the Plaintiff sold a total of 2,261 units of the shopping mall to the general public.