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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 Metropolitan Government Condominium (hereinafter “instant aggregate 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’s management of the instant building: (a) around July 2010, D leased part of the fourth to seventh floor of the instant building from E and operated a trading hole; (b) from around September 2013, F thereafter operated the said trading hole; (c) on January 2, 2015, the owners of the instant building retired from the said leased part; (d) filed a lawsuit against D, etc. 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.; and (e) on December 28, 2014, the Plaintiff leased part of the instant building from D to the fourth to seventh floor of the instant building on the ground that management expenses incurred by the said futures company was overdue.