1. The judgment of the first instance court, including the Plaintiff’s claim that was reduced in the trial, shall be modified as follows:

The defendant.

1. Facts of recognition;

A. The status of the party is a management body comprised of all sectional owners pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of a site and a building located in Won-gu, Seocheon-gu, Seoul (hereinafter “the instant aggregate building”), and the defendant is a sectional owner who owns a store of 96 and 121 square meters (each transition area: 4.18 square meters, and 4.0485 square meters) of the instant aggregate building.

B. A lawsuit claiming return of unjust enrichment by asserting that the amount of management fees imposed and collected pursuant to the Plaintiff’s management agreement is not reasonable on the Plaintiff’s ground that the absence of management agreement does not exist, D, one of the sectional owners of the instant condominiums, and the lower court determined that the Plaintiff’s management agreement did not obtain consent of at least 4/5 of the sectional owners as stipulated in the main sentence of Article 41(1) of the Aggregate Buildings Act.

The plaintiff is dissatisfied with the appeal (In Incheon District Court 2013Na6254), the appeal (2014Da72197), but all of the appeals were dismissed, and the judgment became final and conclusive.

Since then, the management body's meeting for the enactment of the management body regulations was tried, but it was not possible to collect material resources, and therefore, there is no effective management body regulations in the aggregate building of this case.

C. 1) The instant aggregate building is a complex purpose building in which sales, sports, business, or amusement facilities consisting of 7 or 12 underground floors are integrated. The 7th underground floor is a machine room, part of the 6 to 2nd underground floor, the remainder of the 2nd underground floor is a sports facility, the 1st underground floor is a restaurant and office, and the 1st to 4th underground floor (However, the outer range of the 1st floor is a neighborhood living facility).

The sales facilities or office facilities from the fifth to the 12th above ground.