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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. Basic facts
A. The Plaintiff, including the Plaintiff’s status, is a management body established by consisting of sectional owners of the Seodaemun-gu Seoul Metropolitan Government Ground A Condominium (hereinafter “instant condominium building”).
The building of this case is the 6th underground floor and the 13th ground floor in around 2007, and the 1,644 units for divided stores (from underground 2 to 8th floor) and the 1,600 units for sectional owners are buildings newly constructed for sales facilities, multi-family housing, business facilities, and educational and research facilities.
B. The Plaintiff’s management fee imposition 1) details related to the management fee are as follows. The management company or the representative committee of the management company or the representative committee of Article 28 (Management Expenses) may impose management fees on sectional owners or occupants. 1. Management expenses are calculated based on the number of houses sold. 2. Management expenses include operating expenses, taxes and public charges necessary for the maintenance and repair of facilities and the public portion, and other minimum expenses for public welfare. 2) The Plaintiff imposed and paid monthly management expenses on the instant building owners and lessees in accordance with the management rules and the resolution of the representative committee, etc., and imposed KRW 2,00,000 per month on a shop in a public room.
C. (1) A around July 2010, around July 2010, leased part of the fourth to seventh floors of the instant building from A, and around that time, D operated the instant database. Following D’s behind September 2013, E left the said database. Around January 2015, the sectional owners of the fourth to seventh floors of the instant building filed a lawsuit against D on January 2, 2014 against the Seoul Western District Court 2014Ga3001 building name on the ground that the owners of the instant building had failed to pay rent, etc.