2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a sectional owner of Seocho-gu Seoul Metropolitan Government Etel located in Seocho-gu and D (hereinafter “instant officetel”). 520 non-Dong 520

B. Since the parking lot revenue for the instant officetel from 2007 to 2011 was not included in the details of the settlement of management expenses of the instant officetel management body, the income tax and value added tax imposed in 2013 is to be paid by the person to whom the income from the instant parking lot belongs, and not paid from the instant officetel management expenses, the Defendant paid KRW 44,164,920 to the said officetel management body without the resolution of the management body meeting, thereby causing damage equivalent to the same amount.

In addition, without the resolution of the meeting of the management body, the defendant caused damages equivalent to the same amount to the above officetel management body by making the long-term attempted management expenses claim of the management body of this case at KRW 43,519,860.

C. Accordingly, the Plaintiff is an act of preservation stipulated in the proviso of Article 16(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and the Defendant seeks to compensate the instant officetel management body for the damages caused by the said unlawful act.

2. Determination on this safety defense

A. The gist of the defendant's assertion is that the plaintiff, who is only a third party, seeks payment of damages against the defendant on behalf of the officetel management body of this case, and it is not permissible for the plaintiff to file such lawsuit solely on the ground that the plaintiff is a sectional owner of the officetel of this case, and it cannot be deemed that the lawsuit of this case is an act of preserving common areas under the proviso of Article 16 (1) of the Aggregate Buildings Act. Thus,

B. Article 16 (1) of the Act on the Ownership and Management of Aggregate Buildings provides that matters concerning the management of common areas shall be determined by a resolution of an ordinary assembly, and the proviso of the Act provides that the act