1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a management body consisting of sectional owners of the building A located in Yongsan-gu, Yongsan-gu, Yongsan-gu (hereinafter “instant commercial building”).

B. On February 25, 2011, the Defendant purchased the 1/2 share of the 1/2nd floor of the instant shopping mall B (hereinafter “instant store”) and completed the registration of ownership transfer. From March 11, 2011, the Defendant operated the real estate brokerage office under the trade name “D real estate” at the said store.

C. The Defendant did not pay KRW 4,915,200 in total of KRW 3,768,100 and late payment fees imposed from around December 2012 to June 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 5, 6, 9, and the purport of the whole pleadings

2. Regarding the Defendant’s assertion that the Plaintiff claimed the payment of the above unpaid management fees and late payment fees, the Defendant did not operate the instant store from December 2, 2012, and thus, did not have any obligation to pay the management fees imposed during the said period as unfairly calculated. In particular, the Defendant did not impose electricity fees on the grounds that the Defendant was taking measures for cutting electricity and leaving the store, and that the imposition of the above late payment fees is unjust.

3. Determination

A. According to the above facts in determining the cause of the claim, the Defendant is obligated to pay the Plaintiff a total of KRW 4,915,200 for unpaid management expenses and late fees, except in extenuating circumstances.

B. In full view of the following circumstances, the Defendant’s argument that the imposition of management expenses is unfair during the period of non-use of the store in the instant case, the Defendant’s argument that the management expenses should be imposed on the Defendant is imposed on the following grounds: (a) the written evidence Nos. 1, 19, 22, and 25; and (b) the overall purport of the pleading is acknowledged; (c) the management

① Specific items of management expenses that the Plaintiff is seeking against the Defendant in this case are general management expenses, cleaning expenses, disinfection expenses, elevator maintenance expenses, repair and maintenance expenses, repair and maintenance expenses, special repair reserve funds, consumption expenses, basic electricity charges.