1. Of the judgment of the first instance, among the judgment, the defendant amounting to KRW 889,850 and its amount from January 25, 2019 to February 6, 2020.

1. Basic facts

A. The Plaintiff is a management body with the purpose of implementing the management of a building, its site, and its affiliated facilities, consisting of all sectional owners of “A”, which is an aggregate building in Ulsan-gu C, Ulsan-gu.

The Defendant is a sectional owner of the second floor D No. 6.18 (hereinafter “instant store”) of the building A, and the instant store is an empty store in which business has not been conducted since around 2014.

B. The Plaintiff imposed general management expenses and public electricity charges for the amount equivalent to 30% of the general management expenses (7,577 won in the case of the first and second floors) imposed on the portion of exclusive use that is an empty store which does not operate its store according to the management rules and the resolution of the general meeting of shareholders.

The monthly management expenses of the store in this case, calculated accordingly, are 24,050 won = general management expenses = 14,050 won (=7,570 won x 6.18 square meters x 30% x 30%, and 10,000 won). The Defendant unpaid management expenses for the total amount of KRW 1,298,70 (=24,050 won x 54 months) from July 2014 to December 2018.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 4, 8 through 11, and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the sum of the unpaid management expenses, the sum of KRW 1,298,700, and damages for delay.

The Plaintiff asserts that the unpaid management expenses of October 2018 are KRW 1,319,870 on the premise that the management expenses of the instant store are KRW 45,220.

However, the Plaintiff’s assertion in excess of the above recognized amount is without merit, since it is difficult to recognize that only management expenses for the portion of October 2018 for the store in this case are KRW 24,050, not KRW 45,220 for the store in this case, and there is no other evidence to acknowledge it.

B. As to this, the Defendant shall make the basis and accurate calculation of the imposition pursuant to the management rules, which led to the Plaintiff’s around February 2018.