The defendant shall be innocent.

1. In the facts charged, the Defendant is the owner who is divided into 28 units among the 121 units of the Suwon-gu Building C (hereinafter “instant building”) in Suwon-gu, Suwon-si, and is in charge of managing the said building by collecting management expenses.

The owner of a facility or a person responsible for the management of an attached parking lot shall maintain the original function of the attached parking lot so that users of the relevant facility may not interfere with the use of the attached parking lot.

Nevertheless, the Defendant, as the owner and manager of the division of the instant building, did not maintain its original function by neglecting the operation of the parking lot attached to the instant building without justifiable grounds from October 2016 to June 19, 2017, without justifiable grounds.

2. Article 29(2)2 of the Parking Lot Act provides that "a person who fails to maintain the original function of the attached parking lot without any justifiable reason in violation of Article 19-4(2) shall be punished," and Article 19-4(2) of the same Act provides that "the owner of the relevant facility or a person responsible for the management of the attached parking lot shall maintain the original function of the attached parking lot so that users of the relevant facility may not interfere with the use of the attached parking lot."

Meanwhile, Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act") provides that "if a sectional ownership relationship is established with respect to a building, the sectional owner shall form a management unit for the execution of the business related to the management of the building and its site and its accessory facilities as a whole, and Article 24(1) of the same Act provides that "if the sectional owner is at least ten persons, the sectional owner shall appoint a manager." Article 24(1) of the same Act provides that "if the sectional owner is at least ten persons, the manager shall be appointed." Article 25(1) of the same Act provides that the manager has the authority and duty to appoint a manager for the maintenance, management and change of the section for common use.