1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff is a company established for the purpose of operating and managing a "A" shop, which is an aggregate building located in Busan and 14 lots outside Busan, and registered for establishment of a superstore pursuant to the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 1999; hereinafter "former Distribution Industry Development Act"). The Defendant was at the real estate auction procedure (Seoul District Court D, the same court E) and at the above shop (hereinafter "instant store"), and paid the sale price, and received a decision to permit sale on March 28, 2013 and April 9, 2013 from the above auction court to complete the registration of ownership transfer.

B. At the time of the registration date of the superstore establishment, the Plaintiff enacted the management rules for the commercial building (hereinafter “instant management rules”), and the contents related to the instant case are as follows.

Article 5 (Definitions of Terms)

1. The term “sectional owner” means a person who has sectional ownership in the register of the A;

Article 6 (Rights and Duties of Sectional Owners) Section 6. Sectional owners shall have the following rights and duties:

7. Obligation to bear expenses, etc. required for common interests related to the maintenance of buildings and business management, and Article 7;

1. A person who has obtained ownership transfer on the register of the company and a person who has leased pursuant to the rules shall automatically succeed to the rights and obligations specified in Article 6 above;

Article 35 (Contents of Management Expenses, etc.) A sectional owner, etc. shall bear all expenses incurred in the management of the section for common use (hereinafter referred to as "management expenses") in accordance with the standards for imposition, and the details of the management expenses shall be as follows:

(1) All expenses incurred in maintaining and managing heating, cooling, cleaning, facility repair, inspection, and section for common use, etc., such as repair, remodeling, restoration, removal, etc., and all expenses that can be classified individually by sectional owners, etc.