A. The Plaintiff’s assertion is an organization composed of the sectional owners of the aggregate building in C (hereinafter “instant shopping building”) in Silung-si, and the Defendant is a sectional owner of the first floor D and E of the second floor (hereinafter “each sectional building of this case”) among the instant shopping buildings.

The management expenses of each of the instant divided ownership did not have been paid from June 2014 to the date. However, the Plaintiff claimed for the payment of unpaid management expenses (hereinafter “instant unpaid management expenses”) from June 2014 to May 2017 to the Defendant, the owner of each of the instant divided ownership, and the total of KRW 13,454,520, including unpaid management expenses (hereinafter “instant unpaid management expenses”), unpaid arrears, etc. (i.e., the instant shopping mall Nos. 1, 332,660) and delay damages (i.e., the instant shopping mall Nos. 12,131,860).

B. The defendant's assertion is the owner of each of the divided ownership of this case and did not use each of the divided ownership of this case, and since the tenant actually used it, the responsibility to pay the unpaid management fee of this case is the tenant of each of the divided ownership of this case.

Although the plaintiff is responsible for neglecting the lessee's unpaid management expenses for a long time, the plaintiff not only sought payment of the unpaid management expenses in this case against the defendant, but also implements measures for cutting electricity and water for each of the divided buildings in this case, which is improper.

In addition, the plaintiff additionally claims arrears, etc. calculated at the rate of 15% per annum on the unpaid management expenses of this case against the defendant, but there is no justifiable ground under the rules.

2. Determination

A. Article 23(1) of the Aggregate Buildings Act provides, “If a sectional ownership relationship is established for a building, a management body shall be established with the entire members of sectional owners for the purpose of carrying out the business of managing the building, its site and its accessory facilities.” Thus, the management body is not an organization established only through any organizational act.