1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The defendant company is a corporation established for the purpose of the commercial building management business, etc., and the corporation B performs the building management business, including the imposition and collection of the management fees of the commercial building of this case, from the time of being entrusted with the management of the commercial building of this case on January 1, 2015 by the "D Building Management Body" (hereinafter referred to as the "Management Body of this case"), which is composed of the co-owners of the building (hereinafter referred to as "building") which is the 35,702 square meters in total area, 702.48 square meters in size, 1, 2003, the 2nd underground floor of the ground reinforced concrete building of this case, 5th floor sales facilities, 323, 324, 325 leased from October 12, 2009 to the management of the commercial building of this case, and the plaintiff operates a cosmetic room of this case as "E".

B Co., Ltd., a project undertaker, established the management rules in order to promote common interests of divided owners and to create a good living environment by prescribing matters necessary for managing and using the building site and facilities owned by the instant shopping district and sectional owners as of October 2003, which was before the instant management body was formed by the occupants of the instant shopping district, pursuant to Article 28 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), which was before the instant management body was formed by the occupants of the instant commercial building (hereinafter “the management rules of this case”). At the time, the occupants or lessees of the instant building agreed to establish the management rules of this case while occupying the instant commercial building, and the management rules of this case contain the following matters:

Article 22 (Voting Rights of Management Corporations)

1.The voting rights of sectional owners to the Manager and the Managing Body shall be as follows: 1; 41 to 80, up to 40, up to 40, up to 81, up to 40, up to 40 square.

Article 37 (Responsibility for Payment of Management Expenses, etc.)

1.The above-mentioned.