1. Of the judgment of the first instance, the part of the judgment against the Plaintiff, which ordered payment under paragraph (2) below, shall be revoked.

2...

1. Basic facts

A. On March 13, 2011, the Plaintiff is a manager who entered into an entrustment contract with a management body of the said aggregate building pursuant to Article 40 of the management rules of B, an aggregate building located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant aggregate building”).

B. The Defendant owned No. 8 floors d033 among the instant condominiums, and did not pay the aggregate management fees of KRW 5,356,660 (the principal of management expenses + KRW 2,678,400 + overdue charge of KRW 2,678,260) from December 2012 to November 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the above unpaid management expenses and damages for delay to the plaintiff pursuant to Article 25 (1) 2 of the Act on the Ownership and Management of Aggregate Buildings.

B. From springing in 2012, the Defendant asserts to the effect that the Plaintiff cannot respond to the Plaintiff’s claim, since the Defendant agreed to exempt management expenses from the eightth class representative members of the Representative Committee and C from the management expenses from December 2012 to November 2013, as the Defendant’s Section 8th class D03 of the Defendant’s partitioned ownership was promoted.

According to the statement in Eul evidence No. 1, it is recognized that the defendant entered into an agreement with C to bear management expenses from December 2012 to November 2013 with the representative members of the 8th floor management body belonging to the representative committee of the instant condominium building around April 2013.

However, it cannot be said that the above agreement entered into with C, which is only one member of the management committee, naturally extends to the management body of the said aggregate building, and it is insufficient to recognize that C has the authority to conclude the above agreement on behalf of the management body as evidence submitted by the defendant.

Therefore, the defendant's above argument is without merit.

C. Thus, the defendant seeks the plaintiff to pay unpaid management expenses to the plaintiff 5,356,660 won and the plaintiff.