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1. The judgment of the court of first instance is modified as follows.
The defendant 7,034,630 won and (1) 42,227 among the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an unincorporated association established for the management of Atel in Jongno-gu Seoul Metropolitan Government (hereinafter “instant building”) by all sectional owners of the instant building as its members.
B. Since the Defendant acquired the sectional ownership of the 9th floor D (hereinafter “D”) of the instant building on January 16, 2002, the 9th floor E (hereinafter “E”) of the instant building on January 25, 2002, and the 9th floor F (hereinafter “F”) of the instant building on August 4, 2003, each of the sectional ownership of D, E, and F, until now.
C. Of the instant management rules (hereinafter “instant management rules”), the parts relating to the instant case are as follows.
Article 1 The purpose of the Management Rules of the Jongno-gu Seoul Metropolitan Government Ordinance on the Ownership and Management of Condominium Buildings is to prescribe matters necessary for the management or use of the Jongno-gu Seoul Metropolitan Government Ordinance on the Ownership and Management of Condominium Buildings and its sites and facilities.
Article 4 (Effect of Regulations, etc.) (1) Regulations and resolutions of the management body meeting shall also be effective for persons who succeed to the position of sectional owners.
Article 24. (1) Section owners shall form a management body consisting of all sectional owners for the common interest concerning the management and use of officetels aggregate buildings.
Article 29 (Authority of Management Body) (1) Management Body shall perform the following duties:
18. Management expenses, long-term repair appropriations, and usage fees under Article 78 (1), Article 77 (2) and Article 81, and Article 78 (1) of the Act on the Collection, Expenditure and Accumulation of Management Expenses (1) "Management expenses" means the following expenses:
1. General management expenses;
2. Repair allowances;
3. Drugs for a septic tank;
4. Disinfection expenses;
5. Maintenance expenses for elevators; 6. Expenses for fire-fighting management agency services;
7. Repair and maintenance expenses;
8. Entrustment of administration; and
(2) A sectional owner shall pay management expenses incurred in the maintenance and management of an aggregate building to a management body;