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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 129,139.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Under the Act on the Ownership and Management of Aggregate Buildings, the Defendant is a management body comprised of sectional owners of the second underground floor and the 17th floor aggregate buildings on the ground (hereinafter “instant building”).
On November 26, 2007, the Plaintiff leased No. 1601 and No. 1701 of the instant building between D and D, the owner of which was delegated with the power of disposal by C, and was handed over on December 31, 2007.
B. The defendant is the managing body of the building of this case where five elevator units (one to five elevator units) are installed, and the operation of the aged elevator 4 units was suspended, among the remaining four elevator units (one elevator unit), and measures were taken to operate the whole floor from the second to the eightth above ground in the case of one elevator unit, (2) in the case of two elevator units, from the second below ground, the second below, the fourth, the sixth, the sixth, the eighth, the 10th, the 12th, the 14, and the 16th below ground in the case of the elevator 3 units, and (3) in the case of the elevator 3 units, the first below, the third, the fifth, the fifth, the 7th, the 9, the 11, the 13th, the 15th and the 16th below ground in the case of the elevator 5 units.
C. The Defendant: (a) had 1601 and 1701 of the instant building consisting of a multi-story structure connected through interior stairs from the time of construction; (b) had 4 of the instant building operate only up to 16 stories above the ground; (c) had not operated on the 17th floor above the ground; (d) had 2 of the elevator operating only even even even even even the number of floors; and (e) had 3 of the elevator operating only over the 16th floor above the even number of floors; and (e) had the Plaintiff leased 1601 and 1701 of the instant building with the entirety of these sub-story structures at the time of the said lease agreement, and used them from January 1, 2008.
However, D did not pay management expenses of KRW 160,544,540 (including cumulative fees of KRW 7,846,570) to the defendant at the time of the above lease, and this did not apply.