1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. The parties' assertion

A. The Plaintiff’s assertion (1) The Plaintiff is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) for the management of Seocho-gu Seoul Metropolitan Government Building A (hereinafter “the instant building”). The Defendant is a sectional owner of the first floor of the instant building (hereinafter “Defendant’s ownership”).

(2) Since the Defendant did not pay 2,515,829 won in aggregate of management expenses and late payment fees incurred from March 2015 to February 2016 on the part owned by the Defendant, the Defendant sought payment of 2,515,829 won in aggregate of management expenses, etc. and damages for delay.

B. The defendant's assertion (1) that the plaintiff has no authority to claim management expenses to the defendant, and the management expenses for the section for exclusive use among the management expenses for the part owned by the defendant must be paid by the lessee C

(2) Although the actual area of the part owned by the Defendant is smaller than that of the section for exclusive use on the register, the Plaintiff calculated the management fee for the section for common use based on the area of the section for exclusive use on the register of the register, the management fee for the section for exclusive use and the management fee for the section for exclusive use are not clearly distinguishable, and the credibility of the management fee

(3) Since the Plaintiff gains profit from the lease of one of the common areas of the instant building to D, the amount according to the Defendant’s share ratio among the Plaintiff’s profits shall be deducted from the management expenses.

2. Judgment by issue

A. Article 17 and Article 25 (1) of the Aggregate Buildings Act provides that each co-owner shall bear the management costs of the section for common use and other obligations according to the ratio of his/her share unless otherwise provided by the regulations, and the manager shall claim and receive the share amount and expenses for the management, management and change of the section for common use, and the management manager shall claim and manage the amount of such share to each sectional owner, unless otherwise provided by the regulations.