1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 15, 2006, the Plaintiff purchased a sectioned 101 (hereinafter “instant store”) of Gyeyang-gu Incheon Officetel (hereinafter “instant officetel”) and operated a restaurant. The Defendant is a person who had worked as the head of the management office of the instant officetel from March 28, 2013.

B. The management rules of the instant officetel (hereinafter “management rules of this case”) were enacted on March 6, 2013. Articles 29(1) and 29(1) of the Act on the Ownership and Management of Aggregate Buildings at the time (hereinafter “the Act”) (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) stipulate the establishment, amendment, and repeal of regulations at the managing body’s meeting with the consent of at least 3/4 of sectional owners and at least 3/4 of voting rights.

In such cases, if the establishment, amendment, or repeal of regulations has a special effect on some sectional owners' rights, the consent of such sectional owners shall be obtained.

The consent of at least 3/4 of the sectional owners prescribed by the Act was not obtained.

C. Article 70(3) of the instant management rules provides, “The instant management rules restrict not only the number of leafletss but also public facilities (elevators, parking lots, and toilets) against the households (occupants and users) who have failed to pay the management fees for a long-term (three months or more).”

On October 18, 2013, after selling the instant store to D, the Plaintiff continued to operate the restaurant after again setting the deposit amount of KRW 5 million from D, KRW 800,000 per month, and the period from October 18, 2013 to October 18, 2014.

E. From October 2013, when the Plaintiff did not pay management expenses, the Defendant urged the payment of the fee for the repair of the water, sent a warning of the suspension of the water supply, the suspension of the water supply, the closure of the toilets for public use, etc., and on March 14, 2014, the Plaintiff closed the first floor toilet adjacent to the instant store pursuant to Article 70(3) of the instant management rules, where the Plaintiff did not pay the delinquent management expenses amounting to KRW 95,530.

F. The Plaintiff around March 21, 2014.