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

2. The Plaintiff’s revocation part against the Defendants.

1. Basic facts

A. The Plaintiff is a company that performs the management affairs of the instant building from October 2014 to which the authority to impose and collect management expenses of the management body was delegated by concluding a building entrustment management contract with the management body comprised of sectional owners of the building of Gyeyang-gu Incheon Metropolitan City D Condominium (hereinafter “instant building”).

B. Defendant B is the co-owner of the instant building E (hereinafter “instant store”), and Defendant C is the spouse of Defendant B, who occupies the instant store together with Defendant B and operates the restaurant in the name of “F”.

C. Defendant B, prior to the Plaintiff, concluded a building entrustment management contract with the managing body of the instant building, and was the representative director of G Co., Ltd. (hereinafter “Nonindicted Company”) who performed the management of the instant building.

When the controlled entity of the instant building changed to the Plaintiff as stated in the foregoing paragraph, the Defendants asserted the illegality of the alteration and the grounds for the imposition of management fees, and did not pay the fees despite receiving the notice from the Plaintiff.

Meanwhile, the instant management rules (hereinafter “instant management rules”) were enacted and implemented on January 21, 2017, and the main contents of the instant management rules were as follows.

Article 20 (Authority of Managing Body) (1) The Managing Body shall perform the following duties:

3. Collection of rents for sections for exclusive use;

6. Management of the section for common use, etc. 14. The management body may entrust the affairs of the management body to a third party according to the resolution of the management body meeting;

Article 49 (Management Expenses) (1) Management expenses means the following expenses:

1. General management expenses;

2. Cleaning expenses;

3. Guard expenses;

4. Disinfection expenses;

5. Maintenance expenses for elevators;

6. Repair and maintenance expenses; 7.