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1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:
In the lawsuit of this case.
Reasons
1. Basic facts
A. On December 23, 1996, the Plaintiff newly constructed the Busan Geum-gu D Building (hereinafter “instant building”) and completed registration of preservation of ownership on December 23, 1996, and thereafter sold shares in co-ownership on the instant building several occasions. The Defendant acquired co-ownership shares in the instant building through voluntary auction on July 24, 2008. Although the instant building is not registered as sectional ownership, the co-ownership share in the instant building is in a sectionally owned relationship with the co-ownership by agreement among co-owners, and the share share ratio is as follows. The share ratio is as follows: (a) 1, 1, 2, 7, 8, 10th 42789/8, 8670, 3, 4, 3236/846/847/36/472, 306/4868486/4867 decided July 24, 2008.
B. On July 15, 1999, the Defendant leased the first floor E of the instant building from the Plaintiff, and entered into a lease contract with a deposit of KRW 50 million, monthly rent of KRW 100,000 (excluding value-added tax, KRW 100,000,000 per month, and settlement of the actual cost) (hereinafter “instant lease contract”) (hereinafter “instant lease contract”). [The grounds for recognition”), without dispute, entry into each of the instant lease contracts, Gap 1 (register of the real estate), Gap 3 (certificate of sectional ownership), and Gap 4 (Lease Contract).
2. The parties' assertion
A. The Plaintiff asserts that: (a) the Defendant did not pay management expenses of KRW 72,105,548 from December 2009 to July 2014, and KRW 70,024,630 from August 2014 to September 2015; and (b) the Defendant did not pay management expenses of KRW 2,641,216 from October 2013 to July 2014, and KRW 6,604,915 from August 2014 to September 2015.
In this regard, the defendant should (1) constitute an aggregate building and impose and collect management expenses, etc. by forming a management body of an aggregate building.