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. Facts of recognition;

A. On November 29, 2004, the Defendant acquired the sectional ownership of the fourth floor of Jongno-gu Seoul Metropolitan Government A commercial building (hereinafter referred to as the “instant commercial building”) (hereinafter referred to as the “instant store”) under subparagraph 4-115 (hereinafter referred to as the “instant store”), and the Plaintiff is an organization composed of the sectional owners of the instant commercial building.

B. Article 21 of the Commercial Building Management Rules (hereinafter referred to as the “Management Rules”) provides that “When profits accrue due to the use of common areas, the manager shall allocate 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 paid every month after the due date, and if the management expenses are not paid for more than 2 months, measures such as fraction, closure, closure, etc. may be taken by a resolution of the Representative Committee.”

C. Meanwhile, the total amount of management expenses imposed on the instant store from November 29, 2004 to February 2012 is KRW 1,606,610; the total amount of unpaid arrears is KRW 2,606,030; and the total amount of late payment is KRW 75,050,050, including KRW 4,287,690.

In addition, the sum of the management expenses incurred from June 2009 to February 2012 shall be 542,520 won, and the sum of the late payment fees shall be 431,970 won, and the defendant shall not pay the management expenses, etc. for the store of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff the total amount of unpaid management expenses and late payment fees, and delay damages, unless there are special circumstances.

B. Determination as to the defense.