1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Basic Facts

The Plaintiff is a shopping management body of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as “A”) established on November 28, 2014, which manages and operates the said building.

On September 24, 2008, a new steel industry development company (hereinafter "new steel industry development") completed the registration of ownership transfer with respect to the A 407th 4 commercial buildings on September 24, 2008 (hereinafter "instant 407").

On August 21, 2012, the entry registration of the decision on voluntary commencement of auction was completed with respect to the case No. 407 of this case by the application of the Komato Savings Bank Co., Ltd.

On July 1, 2015, the Defendant purchased the instant 407 during the said voluntary auction procedure and completed the registration of ownership transfer on the same day, sold the instant 407 subparagraph to D on June 25, 2016, and completed the registration of ownership transfer on July 21, 2016.

[Ground of recognition] A. 2, 3, and 5 are without any dispute, and the defendant does not have a legitimate title to deal with the management affairs of A. commercial building, and the plaintiff's representative is not a manager appointed for due process under the Act on Ownership and Management of Condominium Buildings (hereinafter "Act on Ownership and Management of Condominium Buildings"). Thus, the defendant is not entitled to claim management expenses. Thus, the safety objection is made to the purport that the plaintiff has no standing to file the lawsuit of this case.

A management body under Article 23 (1) of the Aggregate Buildings Act is not an organization established only through an organizational act, but an organization formed by sectional ownership is naturally formed by all sectional owners.

Meanwhile, Article 24 (3) of the Aggregate Buildings Act provides that "the manager shall be appointed or dismissed by a resolution of the managing body's meeting: Provided, That if the regulations provide that the manager shall be appointed or dismissed by a resolution of the managing body's meeting pursuant to Article 26-2, such regulations shall apply." Article 38 (1) of the same Act provides that "the intention of the managing body's meeting