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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s status, etc. 1) The Plaintiff is the Seodaemun-gu Seoul Western Group C’s Condominium Building (hereinafter “instant Building”).
(2) On August 207, 2007, the instant building was newly constructed for sales facilities, multi-unit houses, business facilities, and educational and research facilities. The six underground floors and the third floor above ground level (from underground2 to ground level) are 1,644, and the number of sectional owners is 1,020.
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. Around July 2010, the Plaintiff: (a) around July 2010, D leased part of the fourth to seventh floor of the instant building from Company A to operated a trading hole; (b) followed D from September 2013, E operated the said trading hole; and (c) on January 2015, the owners of the parts from the fourth to seventh floor of the instant building were removed from the said leased part; (b) filed a lawsuit against D, etc. against the Seoul Western District Court 2014Ga3001 building name on the ground that the owners of the parts from the fourth to the seventh floor of the instant building were not paid rent, etc.; and (c) on December 28, 2014, the Plaintiff filed a lawsuit against D, etc. on January 2, 2014 on the ground that the management expenses of the said futures company were overdue.