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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. The Plaintiff is a company that aims at multi-family housing management business, etc., and the Defendant is a co-owner of the third floor E [the building use education and research facility (private teaching institute), the share area of 235.97 square meters (= the common use area of 160.8 square meters) and the common use area of 160.8 square meters (hereinafter “instant heading room”) among the 2nd underground and the 7th floor “D” condominium located in Singu-si (hereinafter “instant aggregate building”).
B. On October 24, 2006, the Plaintiff entered into an entrustment contract with the management body of the instant aggregate building and the “entrustment contract for building management”, and is delegated with the authority to impose and collect management fees for the instant aggregate building management and the occupants from January 1, 2007 to January 1, 2007.
C. The Plaintiff calculated the “area of share” by adding the exclusive and common areas, and then imposed the management fee for common areas in accordance with the criteria for imposition of the management fee as indicated below, reflecting the content of Article 22(3) of the Management Rules.
The criteria for imposition of the item of management expenses for repair expenses, general administration expenses, expenses for communications, expenses for disinfection, and total expenses for public use shall be imposed at the rate of the area of shares, general administration expenses, expenses for repair and maintenance expenses, 5th floor above ground, and 80th floor above ground, and 6th sectional owners shall impose only 10 percent of the total expenses for public use at the rate of the area of shares. The basic electricity charges and the public electricity charges shall be imposed at the rate of the area of shares, respectively. The TV license fees and the public electricity charges for each house shall be imposed at the rate of the area of shares; the number of households shall be imposed at the rate of the area of shares; the number of households shall be 123456789,101. 12. 56. 16. 16. 16. 186. 16. 16. 16. 16. 16. 14. 16, 1968
D. The Plaintiff claimed the payment deadline for the management expenses each month by setting the 10th day of the following month.