1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Basic facts

A. The Plaintiff is a managing body comprised of all sectional owners under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of a site and a building of a building A located in Bupyeong-si (hereinafter “the instant aggregate building”). The Defendants are sectional owners who own the instant aggregate building as shown below.

Serial No. 179 No. 1 F 180, 2 G 2 G 213, 3 H 4 187, 4 B 17, 4 161, 5 E 222, 422, 421, 4222 of 422 of 412, 4222 of 17, 179.

B. One of the sectional owners of the instant aggregate building under the management body agreement filed a lawsuit against the Plaintiff claiming return of unjust enrichment by asserting that the amount of management fees imposed and collected by the management body agreement of the Plaintiff is not reasonable (In Incheon District Court Decision 2010Kadan39712), and the said court determined that the Plaintiff’s management body agreement was null and void due to the lack of consent of at least 4/5 of the sectional owners under the main sentence of Article 41(1) of the Aggregate Buildings Act.

The Plaintiff’s appeal (In Incheon District Court 2013Na6254) and the final appeal (Supreme Court 2014Da72197) were all dismissed, and the above judgment became final and conclusive.

Since then, the meeting of the management body for the enactment of the management body regulations was attempted, but it was not possible to collect the members of the management body, and there is no effective management body regulations in the aggregate building of this case.

C. The instant condominium structure is a complex building for which sales, sports, or amusement facilities consisting of the 7th underground and 12th above ground are integrated, and the sales, sports, or amusement facilities consisting of the 1st to the 4th above ground (However, the outer range of the 1st floor is a neighborhood living facility; hereinafter the same shall apply) and the 5th to the 12th above ground, except the outer neighborhood living facilities of the 1st floor.