1. The Defendant in the principal lawsuit (Counterclaim Defendant) pays KRW 93,717,310 to the Plaintiff in the principal lawsuit (Counterclaim Defendant).

2...

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. A main multi-unit apartment located on the ground of Gyeyang-gu Incheon Metropolitan City (hereinafter “instant multi-unit building”) was composed of about 130 households and about 20 households of multi-family housing as a main multi-unit building with the size of 2 underground floors and 19 floors above ground approved for use on March 2003.

B. The Defendant acquires on January 20, 2004 the entire ownership of No. 101, which is a commercial building among the instant aggregate buildings (the section for exclusive use: 1610.0696 square meters), as a whole, from among the instant aggregate buildings, and operates a private house in the name of “D” (hereinafter “instant commercial building”), and owns part of the two floors underground as a mechanical room.

C. The Plaintiff is an organization composed of occupants or users of multi-family housing among the instant aggregate buildings, and is performing the management of the entire apartment and commercial buildings from the beginning of the construction of the instant aggregate building.

Part of the management rules of the plaintiff (hereinafter referred to as the "management rules of this case") shall be as shown in the attached management rules (part).

Although the Defendant continued to pay the management expenses of the commercial building of this case to the Plaintiff, the Defendant began to delay the payment of the management expenses from November 2008 due to the difficulties in the management of the commercial building of this case.

The Defendant paid a total of KRW 20,177,80 to the Plaintiff from November 5, 2012 to September 30, 2014, and repaid part of the existing delinquent management expenses. However, the unpaid management expenses (including late fees under the attached Table 6 of the instant management rules) from February 5, 2013 to September 2016 are the total amount of KRW 93,717,310.

[Ground for Recognition: Facts without dispute; Gap 1 through 11, 18 through 21, Eul 1 and 2 (including each number, if any; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. The gist of the plaintiff's assertion ① The main claim (claim on the right to impose management fees): Article 12 of the Commercial Building Management Rules provides that the plaintiff, who is the council of occupants' representatives, may manage the whole aggregate building of this case in accordance with the instant management rules.