1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows, excluding any further determination as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant asserts that it was legitimate for the defendant to maintain the full-time measure without complying with the management rules, since the plaintiff failed to pay the management expenses of a considerable amount at the time when the removal of the full-time measure was requested.

The management fee claimed by the defendant that the plaintiff was unpaid is calculated based on 98 square meters on the premise that the plaintiff occupied the common area of this commercial building without permission in excess of 80 square meters on the register.

However, Article 17 of the Act on the Ownership and Management of 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 stipulated by the regulations." In light of the fact that Article 15 (2) of the Commercial Building Management Rules (Evidence A No. 10 and Evidence B No. 15) states that "management expenses, etc. shall be calculated in proportion to the co-ownership of each sectional owner's share," the plaintiff's unauthorized possession of the section for common use in this case beyond his/her own share (the ratio of exclusive ownership area) is separately seeking the return of unjust enrichment corresponding thereto, even if the defendant separately seeks the return of unjust enrichment corresponding thereto, it shall not be allowed to include

Therefore, the management expenses calculated including the portion without permission of the plaintiff can not be deemed as the management expenses that are reasonably calculated, and the short-term measures can not be deemed legitimate on the grounds that they were not paid.

As to this, the defendant shall 18 square meters possessed by the plaintiff.