1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Quotation of the first instance judgment

A. The Plaintiff asserts that, as the grounds for appeal are the same purport as in the first instance trial, since the nature of the management contract in the attached Form is a lease contract or a similar consideration contract, the Defendant bears the duty of repairing the instant store in a lessor or its equivalent position, and even if not, since the ceiling part of the instant store falls under the common area, the Defendant is the manager, who bears the duty of repairing the said ceiling part.

B. However, even if the evidence duly adopted and examined by the court of first instance shows the evidence of evidence Nos. 29 through 33, the above management contract or other similar consideration contract is difficult to view as the above management contract, such as that the fixed management expenses for the 12 million won per month stipulated in the above management contract include the difference of the 3,108.041m2 for use of the store (excluding the No. 4th floor, excluding the No. 1 and No.O.), and it is difficult to view the above management contract as the lease contract or other similar consideration contract (the plaintiff is running a furniture sales business at the store of this case after concluding a free lease contract on the condition that only the management expenses are paid without deposit and rent for the part among the sectional owners of the store of this case and for 2 years, and according to the content of imposition of management expenses for each floor of this case, it seems that the management expenses for the building of this case were somewhat smaller than the size of the building of this case.