1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 2 and 4 (including paper numbers) by integrating the purpose of the entire pleadings.

The plaintiff is a company established for the purpose of operating and managing the "A" condominium, which is an aggregate building in Busan-gu C and 14 lots, and registered for the establishment of a superstore on April 15, 1999 pursuant to the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 199). The defendant performed the obligation to pay the sale price by auction at the real estate auction procedure (Seoul District Court D and the same court E), but did not complete the registration of ownership transfer.

B. At the time of the registration of the establishment of the superstore, the Plaintiff enacted the management rules for the commercial building (hereinafter “instant management rules”), and the relevant contents of the instant case are as follows.

Article 5 (Definitions of Terms)

1. The term “sectional owner” means a person who has sectional ownership in the register of the A;

Article 7 (Succession to Rights and Duties)

1. A person who has obtained ownership transfer on the register of the company and a person who has leased pursuant to the rules shall automatically succeed to the rights and obligations specified in Article 6 above;

Liability such as management expenses to be borne by a corporation under Article 8 (Joint Liability) shall be jointly and severally liable between the relevant sectional owner and the lessee.

2. On the Plaintiff’s assertion, the Plaintiff asserts that the Defendant, the owner of the instant store, was liable for reimbursement of KRW 45,58,250,00 in total, KRW 45,048,320 imposed on the instant store in accordance with the instant management agreement from September 201 to August 2013, and the late payment charge of KRW 539,930,00.

First of all, under the instant management rules, whether the Defendant is the subject of the obligation to pay the management fee of the store of this case, and as seen earlier, the above management rules.