1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The defendant is the management body of the D Building, the main complex building of the Seocho-gu Seoul Metropolitan Government E underground and the 15th floor above ground (hereinafter the instant condominium building).

The sectional owners of the building of this case constitute a single management body, and in the case of a commercial building, the management rules for the neighboring/business facilities, and in the case of apartments (or officetels), the management rules for multi-family housing are established and implemented.

(b) The management rules for commercial buildings or apartment complexes shall impose management expenses (management service expenses, electric security agency fees, elevator maintenance expenses, common electricity charges, etc.) for the portion of joint burden on the basis of the area of supply (the area of sale in lots, hereinafter referred to as the area of supply);

(2) In cases of commercial buildings, the defendant shall calculate the joint-paid management expenses by considering the sum of the area for exclusive use and the area for common use, and in cases of apartments and officetels, the area for supply shall be the sum of the area for exclusive use and the

The public residential area includes stairs, etc. among the public use area, but the parking lot, etc. is excluded.

③ Meanwhile, the 1st underground floor of the instant aggregate building consists of 29 stores, including the instant stores, and the electricity charges for the common areas of the 1st underground floor have been imposed on the sectional owners of the 1st underground floor according to the supply area ratio.

C. As a sectional owner of the first floor among the instant aggregate buildings (hereinafter referred to as the “instant store”), the Plaintiff did not pay KRW 859,710, out of the management expenses from October 25, 2012 to February 2014, as of March 25, 2014, on the following grounds.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 10 evidence, 16 to 19 evidence, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) The instant store on the first ground floor is a factory room, and the sectional owners on the remaining first floor waste electricity, so the Plaintiff should not impose the co-electric power fee on the first floor.