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

1. On November 29, 2004, the defendant acquired the sectional ownership of the fifth floor of Jongno-gu Seoul Metropolitan Government Commercial Building (hereinafter referred to as the “instant commercial building”) No. 5-43 (hereinafter referred to as the “instant store”) on the fifth floor, and the plaintiff is an organization composed of the sectional owners of the instant commercial building.

Article 21 of the Commercial Building Management Rules (hereinafter referred to as the “Management Rules”) provides that “When profits accrue due to the use of common areas, the manager shall allocate them according to the ratio fixed to the sectional owners, etc. at the time of settlement of accounts for the fiscal year, and in this case, offset against the management expenses borne by the sectional owners, etc. according to the resolution of the Representative Committee.” Article 52 provides that “If the sectional owners, etc. fail to pay the management expenses by the due date determined by the manager, 5% of the delinquent amount may be added to the late payment charges every one month after the due date, and if the management expenses are not paid for more than two months, measures such as fraction, closure, etc. may be taken by the resolution of the Representative Committee.”

Meanwhile, the total amount of management expenses imposed on the store of this case from November 29, 2004 to February 2012 is KRW 1,622,610, the total amount of unpaid overdue fees is KRW 2,635,180, and the total amount of overdue fees is KRW 75,860, and the total amount of overdue fees is KRW 4,33,650.

In addition, the sum of the management expenses incurred from July 2009 to February 2012 shall be 531,400 won, the sum of the overdue fees shall be 392,130 won, and the defendant shall not pay the management expenses, etc. for the store of this case.

[Ground of recognition] Facts without dispute, Gap 1, 3 through 6, purport of the whole pleadings

2. The plaintiff asserts that the defendant, who is the sectional owner of the store of this case, should pay the sum of KRW 4,333,650, including unpaid management expenses and late payment charges, and delay damages.

In regard to this, the defendant, ① concerning the management rules that served as the basis for the imposition of the management fees in this case.