2. All of the counterclaims by the Defendant (Counterclaim Plaintiff) shall be dismissed;

3...

A. The Plaintiff is a company that conducts the business of managing, repairing, and maintaining the building. The Defendant is a total of 17 persons holding a sectional ownership as of October 18, 2014, the building C in Bupyeong-si, Busan (hereinafter “instant building”).

(No. 6) The fact that the owners of the above building continued to have more than 10 persons (the building subject to appointment of a manager under the Aggregate Buildings Act) seems to have no dispute between the parties.

It is a sectional owner in heading 503.

B. On October 2014, the Plaintiff entered into a building management service contract with the C management body (hereinafter referred to as the “C management body” (hereinafter referred to as the “instant association”) on November 1, 2014 to October 31, 2016 (hereinafter referred to as the “instant contract”), and manages buildings, ancillary facilities, accessories, etc., and collects management expenses from sectional owners.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. Determination as to the principal lawsuit

A. As to the Defendant’s claim for management expenses by asserting that the Plaintiff had the right to collect management expenses based on the contract of this case, the Defendant did not have a legitimate management body or manager under the Aggregate Buildings Act and the Management Rules, and the Plaintiff did not directly or in accordance with the management authority entrusted by the Association of this case pursuant to the contract of this case, and did not have the right to claim management expenses against the sectional owners, based on the management authority entrusted by the Association of this case.

On the other hand, in a lawsuit for performance, the standing to be a party is the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit, and whether there is the right to demand performance or not is the matter to be proved through

However, the principal lawsuit of this case constitutes a lawsuit claiming that the plaintiff has the right to claim management expenses and claiming management expenses to the defendant.