1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The grounds alleged by the plaintiff in this court while filing an appeal for the acceptance of the judgment of the court of first instance are not significantly different from the contents alleged by the plaintiff in the court of first instance, and even if all the evidence presented to the court of first instance and this court are examined, the finding and determination of the facts of

Therefore, the reasoning for the court’s explanation on this case is that “14,876,590 won (=5,000 won for management expenses, 5,547,000 won for management expenses, and 5,547,000 won for drainage)” in the third and sixth acts of the court of first instance is “14,876,590 won (5,547,000 won for management expenses received after the expiration of the term of office, and for drainage building expenses voluntarily submitted after the expiration of the term of office).” The reasoning for the court’s explanation is as stated in the reasoning for the judgment of the court of first instance, except for the addition of the judgment on the assertion added or emphasized by the plaintiff to the above court, as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiff’s assertion was that the Defendant did not perform the management of the building after the expiration of the term of office on July 17, 2016, and did not convene a general meeting for the appointment of a new manager, and neglected to perform the duty to report under Article 26(1) of the Act on Ownership and Management of Condominium Buildings. On April 2018, the Defendant transferred the Plaintiff-related documents and passbook to E who was appointed as a new manager.

Since the above act of the defendant constitutes a tort, the defendant should pay 9,000,000 won and damages for delay equivalent to the activity expenses of the administrator that the defendant received after the expiration of the term of office to the plaintiff as compensation for damages.

B. Article 26(3) of the Act on the Ownership and Management of Aggregate Buildings provides that “The provisions concerning delegation of the Civil Act shall apply mutatis mutandis to the rights and duties of a manager not provided for in this Act or by the rules,” and Article 37(2) of the said Act shall apply mutatis mutandis to the rights and duties of a manager.”