A. The Plaintiff, as a management body of the 501-dong Commercial Building C (hereinafter “the entire building of this case”), is imposing and collecting the management fee of the commercial building of this case.

B. The Defendant, among the instant commercial buildings, has been operating a screen golf course with the trade name of “D” while occupying No. 20 of the first floor and No. 352.8 square meters of the underground floor (hereinafter “instant building”).

C. Article 43 of the Plaintiff’s articles of incorporation provides for the overdue rate of management expenses, etc. as follows.

The plaintiff imposed management expenses on the building of this case, and the defendant did not pay management expenses of KRW 31,729,490, including unpaid overdue charges applying the overdue rate under the preceding paragraph from July 2014 to December 2015 while paying the above management expenses.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings

2. The defendant's assertion that the plaintiff's substance is unclear. Thus, according to the statement in Gap's evidence Nos. 1 and 10 as to whether the plaintiff's substance is an organization with the party's ability, the plaintiff is responsible for the representative of the non-party E; ② the plaintiff has been in existence by enacting the articles of association as of May 15, 2009; ③ the plaintiff has managed the whole building of this case, such as entering into a consignment management contract with the non-party corporation resident of this case; ④ the plaintiff collected management expenses from each occupant of the commercial building of this case; ⑤ the representative's articles of association Article 44 of the plaintiff's articles of association may issue a demand notice if the representative fails to pay management expenses, etc.; and even after issuing a demand notice, a request for payment order under the Civil Procedure Act or a request for small-sum appeal, etc. under the Trial of Small-Sum Claims Act may be made.