1. The appeal against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) and the instant principal lawsuit by the Plaintiff (Counterclaim Defendant).

1. Basic facts

A. The Plaintiff is a sectional owner of 104 of the first floor among the instant building, which is an aggregate building, and the Defendant is a sectional owner of the first floor of 101, 301, 302, 303, 304, 401, and 402 of the instant building.

B. The instant building and the instant public parking lot were completed around May 201 with the first underground floor and fourth above the ground level. The main purpose is a parking lot that is an exclusive parking building under the Parking Lot Act, and Articles 1-2(1) and 1-2(1) of the Enforcement Decree of the Parking Lot Act (the parking area ratio of a parking building for exclusive use in parking) (1) of the Parking Lot Act (hereinafter “Act”).

The term "building used as a parking lot" in Article 2 subparagraph 11 of the Enforcement Decree of the Building Act means that the ratio of the part used as a parking lot is at least 95 percent of the total floor area of the building: Provided, That where the part used for the purpose other than a parking lot is a detached house, apartment house, Class I neighborhood living facilities, Class II neighborhood living facilities, cultural and assembly facilities, religious facilities, sales facilities, transportation facilities, sports facilities, business facilities, storage facilities, or automobile-related facilities, the ratio of the part used as a parking lot is at least 70 percent. Accordingly, at least 70 percent of the total floor area of the building of this case is used as a parking lot, and the rest is occupied by neighborhood living facilities, sales facilities, etc.

C. The defendant's act of collecting parking fees is the case.