1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

1. Facts of recognition;

A. E Co., Ltd. (hereinafter referred to as E) constructed and obtained approval for use on February 20, 2009, a 8 underground floor consisting of apartment buildings, officetels, commercial buildings, and hotels, etc., and 2 main complex buildings of 40 floors above ground (hereinafter referred to as the instant building, and when referring only to the main commercial building separately, referring only to the main commercial building) on the ground of Mapo-gu Seoul Metropolitan Government H.

B. Of the instant buildings, apartment buildings, officetels, and commercial buildings are located under sectional ownership; among them, commercial buildings are located under the first and second underground floors; officetels and apartment buildings are located between the 10th and the 40th above ground level; and the Defendant is a representative meeting of the occupants comprised of seven representatives from each building in respect of apartment buildings, officetels, and commercial buildings among the instant buildings, and the management body composed of all sectional owners is actually performing its duties due to a relationship in which the management body composed of all sectional owners is not organized.

C. Around January 2010, the Defendant decided to entrust the instant building to our management company (hereinafter “the instant management company”), and accordingly, the instant management company, as the manager or the management entity prescribed by the management rules for the instant building, was in charge of the duties of maintaining and repairing common areas, and the collection of management fees and usage fees.

The instant building is supplied with air conditioners to each household depending on the operation of boilers installed in the central heating and cooling machinery room and heavy ion pumps, but no measuring instrument is installed to measure the amount of air conditioners used by each household store. As such, the instant management company claimed heating and cooling costs imposed by the urban gas supply company on the instant commercial building according to the ratio of the area of each commercial building to the owners or lessees of the instant commercial area in proportion to the ratio of the area of each commercial area.

E. Also, the parking lot of the instant building is in accordance with the management rules of the instant building.