1. The part against the defendant among the judgment of the court of first instance is revoked and the plaintiff's claim corresponding to the revocation part is revoked.

1. Facts of recognition;

A. 1) The Defendant is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings with respect to the instant commercial building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant commercial building”). 2) Of the instant commercial buildings, C, who is the former owner of a store with No. 12 of the underground floor No. 158.97 square meters (hereinafter “instant store”), was delinquent in the management expenses for the instant store, and on April 3, 2012, the Defendant completed the registration of the establishment of a right to collateral security amount of KRW 60 million with respect to the instant store.

3) A public auction procedure was commenced regarding the instant store due to the default of tax, etc. of C, and the Plaintiff purchased the instant store in the public auction procedure and completed the registration of ownership transfer on December 3, 2013, and on the same day ( December 3, 2013), the registration of creation of mortgage under the name of the Defendant was cancelled due to the public auction. (4) The Defendant issued the notice of management expenses for the instant store on January 2014. The amount unpaid on the notice was stated as KRW 38,95,955,910, and the unpaid late payment charges as KRW 34,534,940.

On the other hand, on February 13, 2014, the Plaintiff received the instant store from C, and on the same day ( February 13, 2014) paid KRW 3,498,280 to the Defendant with respect to the instant store “from January 1, 2014 to February 8, 2014.” 5) the Defendant urged the Plaintiff to pay the management expenses in arrears, and issued a notice to the Plaintiff on March 3, 2014 and March 7, 2014 that “where the management expenses are not paid within a fixed period due to delinquency in payment for more than two months, the exclusive measures may be taken if the management expenses are not paid within the fixed period.” However, the Defendant did not pay the management expenses in arrears, and the Defendant did not implement the measures in arrears with respect to the instant store on March 15, 2014 to the instant store on the first 3rd 14, 2014 to the instant order.