관리비
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff is a company established for the purpose of building management business, etc., and the Defendant is a management body established for the purpose of performing the project on the management of building B (hereinafter “instant building”) and its site and its accessory facilities pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”).
B. C Co., Ltd. entered into an aggregate building management contract (hereinafter “instant management contract”) with D Co., Ltd. on March 27, 2007, which is entrusted with the management of the instant building, following the construction of the instant building around 2007.
C. After that, D Co., Ltd. was changed to E Co., Ltd. on April 2008, and the Plaintiff was established through the division of E Co., Ltd. around November 2013, the Plaintiff entered into a contract for acquisition of management rights under the instant management contract with E Co., Ltd. and the Defendant with the consent of the sectional owners, and commenced management of the said building from December 2008.
According to the agreement with the original defendant, the plaintiff made advance payments of various public charges and other expenses incurred in managing the building of this case, and made management by directly collecting such expenses as management expenses from each sectional owner of the building of this case as the management expenses and receiving preservation. On November 2014, the plaintiff agreed with the defendant to pay the management expenses to each sectional owner of the building of this case by settling the expenses in advance and settling various public charges as in the previous case. The defendant directly collected all the management expenses, including the management expenses in arrears, from the above sectional owner through the account in its name and to pay the whole management expenses
(hereinafter referred to as “instant agreement”). (e)
The instant management contract was terminated on December 31, 2014. However, the Plaintiff’s management fees that had not been paid by the Defendant pursuant to the instant agreement after advance payment of various public charges during that period is KRW 58,087,150.
[Reasons for Recognition]