1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. On December 2015, the Seoul Southern District Court against the Defendant’s Plaintiff.

1. Facts of recognition; and

2. The reasoning for the court’s explanation concerning this part of the plaintiff’s assertion is as stated in the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. (1) Article 17 of the Act on the Aggregate Buildings (hereinafter “Act on the Aggregate Buildings”) provides that “Each co-owner shall bear the management costs of the section for common use and other obligations and gain profits accruing from the section for common use according to the ratio of his/her share, unless otherwise provided by the regulations.”

The provisions concerning the duty to pay management expenses in the management rules of the building of this case are as follows.

Article 3 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

2. The term “user” means a person who occupies or uses a section of exclusive ownership and who is not a sectional owner; 4. The term “owner, etc.” means a sectional owner, possessor or user;

(3) The owner, etc. shall pay a certain amount of 10,00 won per balance of the management expenses deposited as determined by the management entity at the time of occupancy, bear the management expenses and the long-term repair appropriations necessary for the maintenance and management of the aggregate building, etc., one year after the completion of construction and the long-term repair appropriations every month.

(4) Even if the owner has occupied or used his/her exclusive portion to a third party, the relevant owner shall be liable to pay management expenses, fire insurance premiums, long-term repair appropriations, safety inspection expenses, expenses incurred in conducting safety diagnosis, and other related Acts.

However, the management expenses used by the third party shall be borne by the third party under a contract between the parties.