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

1. Facts of recognition;

A. On November 15, 2004, the defendant acquired sectional ownership of the second floor of Jongno-gu Seoul Metropolitan Government Section 2-44 of the second floor, which is an aggregate building, and the plaintiff is a management body comprised of sectional owners of the above commercial building.

(hereinafter referred to as "the store of this case" and "the plaintiff's store of this case" among the stores of this case.

Article 21 of the Commercial Building Management Rules (hereinafter referred to as the "Management Rules of this case") provides that "if profits accrue due to the use of common areas, the manager shall distribute them according to the ratio fixed to the sectional owners, etc. at the time of settlement of accounts for the fiscal year, and in this case, offset against the management expenses borne by the sectional owners, etc. according to the resolution of the Representative Committee." Article 52 provides that "if the sectional owners, etc. fail to pay the management expenses by the due date set by the manager, 5% of the delinquent amount shall be added to late payment every one month after the due date, and if the management expenses are not paid for more than two months, measures such as suspension, closure, etc. may be taken by a resolution

(The management rules of this case were adopted through legitimate resolution at the inaugural general meeting of the management body held on May 14, 2005, and the representative representative of the plaintiff was also appointed lawfully).

① The total amount of management expenses imposed by the Defendant with respect to the instant store from November 25, 2004 to February 2, 2012, 2012, shall be KRW 1,596,940; the total amount of late payment shall be KRW 2,613,360; the total amount of late payment shall be KRW 75,080; and the total amount of unpaid management expenses, etc. after the payment period shall be KRW 4,285,380.

(2) The sum of the unpaid management expenses and late payment fees from March 2, 2009 to February 2, 2012 shall be 1,113,960 won.

③ On April 2, 2012, the Plaintiff notified the Defendant of the payment of unpaid management expenses, etc., and applied for the instant payment order seeking the payment of unpaid management expenses, etc. on June 7, 2012, within six months thereafter.

[Ground of recognition] Unsatisfy, Gap 3-3.