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.

1. Basic facts

가. 피고는 서울 동대문구 D 일대에 재건축사업을 진행하여 2007. 8. 14. 재건축공사를 완료하였고, 신축된 집합건물인 A 제상가동(이하 ‘이 사건 상가건물’이라 한다) 중 분양되지 아니한 제지하1층 제101호, 제3층 제302호, 제3층 제303호, 제3층 제304호, 제3층 제306호(이하 각 ‘Ο호 상가’로 특정한다) 등에 관하여 각 2014. 4. 24. 소유권보존등기를 마쳤다.

B. Since then, the Defendant sold the commercial buildings of 302, 303, 304, and 306 to E, and completed each registration of ownership transfer on June 23, 2015 for the commercial buildings of 302.

C. From May 2008, the Plaintiff’s manager F, while managing the entire commercial building of this case from around May 2008, divided general management expenses, common electricity expenses, and common water supply and drainage fees incurred in relation to the management and operation of the commercial building of this case into the ratio of the exclusive use area of each sectional owner, etc., and imposed management fees on the sectional owner of the commercial building

The Plaintiff’s custodian F occupied and used the commercial building No. 303 from May 2008 to the management office, the entrance door No. 302 and 306, which was in the state of the factory room, was set up and managed, and the key was stored in the commercial building No. 302.

E) On April 9, 2014, the Defendant sent a content-certified mail to the Plaintiff’s custodian F to deliver a commercial building No. 303 until April 20, 2014. As to the failure to deliver it, the Defendant filed a lawsuit against F to seek the delivery and return of unjust enrichment of the commercial building No. 2014Da23369, Seoul Northern District Court 2014Da23369, and the F filed a counterclaim to claim the payment of the management fee of each of the commercial buildings No. 101, 302 and 304 at the same time as the management fee claim of each of the commercial buildings No. 2014Ga31049, Aug. 21, 2015.