1. The Defendant (Counterclaim Plaintiff) shall fully pay to the Plaintiff (Counterclaim Defendant) KRW 123,410,340 and its amount from September 30, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 20, 2010, the Plaintiff: D main complex building (three Dong Dong (E Dong, F Dong, G Dong), seven Dong-dong (H Dong (4,075.7039 square meters), one Dong (1,220.272 square meters in total area), Jdong (52 square meters in total area: 569.1452 square meters in total area), Kdong (1,156.2571 square meters in total area), Ldong (total area: 18,962.52 square meters in total area), Mdong (total area: 13,106.52 square meters in total area), 13,5260 square meters in total area, and 194.62 square meters in total area: 1,94.62 square meters in total area; 260 square meters in total area) in Yeonsu-gu, Incheon, which is newly built and sold by C with C (hereinafter referred to as “C”);

) The building management contract for the instant building (hereinafter “instant building management contract”) was concluded with respect to underground parking lots (O), mechanical electric pumps (Pdong), Dong guard room (Pdong), and Seo-west guard room (Rdong); hereinafter collectively referred to as “instant building”).

B. The Plaintiff, based on the relevant laws and regulations including the instant building management contract and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) concluded with the following contents, managed the portion of the instant building, which was not established by the management body, and imposed and collected management fees on the occupant or tenant of the portion of the commercial building based on the management rules enacted with the following contents (hereinafter “instant management rules”).

◎ 이 사건 건물관리계약 제3조(건물관리와 범위) 주택법 시행령 제55조 및 국토해양부 지침에 의거, 원고가 이 사건 건물관리계약에 따라 수행하여야 할 건물관리 업무의 범위는 다음과 같다.

(C) Article 10 (Preparation and Implementation of Management Rules) of the Act on the Collection of Management Expenses and Fees, the Act on the Vicarious Payment of Various Public Charges, etc. (E) The Plaintiff shall prepare and implement the management rules of the building of this case within two weeks from the date of conclusion of the building management contract of this case, and obtain C’s approval.

◎ 이 사건 관리규약 제20조(구분소유자 등의 의무) ① 점유자, 입점자...