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. Determination as to the cause of claim

A. The fact of recognition is that the plaintiff is the council of occupants' representatives that performs the duties of maintaining and managing the above apartment in accordance with the management rules of A apartment located in Gyeonggi-gun, Gyeonggi-gu (hereinafter "the apartment of this case"). The defendant is the tenant under 101 Dong 105, the plaintiff holds the council of occupants' representatives on June 29, 201 and July 28, 201 to carry out the work of replacing the deteriorated elevator by holding the council of occupants' representatives on July 29, 201. Of the total construction cost of 253 million won, 230,64,960 won out of the total construction cost of the two apartment of this case is shared by the residents of 220 households in the household living in the first floor of the first floor of this case, and the expenses shared by the defendant are 40% in the household living in the second floor of the second floor of this case, 60% in the unit of the apartment of this case x 15 months to be included in the items of the maintenance expenses of the apartment of this case x 187.

B. Regarding the claim and judgment that the Plaintiff sought the payment of the instant contributions and late payment fees against the Defendant, the Defendant, as an apartment without an underground parking lot, did not use the elevator at all in the case of the first floor occupant, and even though the Plaintiff opposed to the imposition of expenses against the first floor occupant on the replacement of an elevator aged at the council of occupants' representatives on July 28, 2011, it imposed the instant contributions by force. In addition, all households under the instant management rules have to share the instant contributions according to the ratio of the area of exclusive-use.