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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 30, 2008, the deceased died on November 30, 2008, the Defendant, F, G, H (former representative manager), and I jointly inherited the deceased’s property, as the sectional owner and manager of the building in the 3rd underground and 19th above ground in Seongdong-gu, Seoul, and the office building in the attached list A (hereinafter “instant building”).
B. In the Seoul High Court 2013B64 (This Court Decision), the contributory portion in the case involving the division of inherited property among the co-inheritors, 2013B65 (competence), the said court rendered a decision on November 27, 2013 that the Defendant owned 11/13 of the sectional ownership in the 143 units of the building, and owned 11/13 of the 145 units of the E, E, F, and G shared 11/13 shares among the sectional ownership in the remaining 145 units of the building, and the remaining 2/13 shares in the 288 units of the sectional ownership in the said 288 units of the building were divided as I, and the said decision became final and conclusive on December 18, 2013.
Since then, shares of 2/13 of the above 288 rooms owned by I were acquired by LD Construction Corporation according to the seizure and public sale procedure of the tax office.
C. From August 2014, the Defendant claimed and received management expenses from the lessee of the sectional ownership, and the sectional owners of the instant building held a temporary management body meeting on August 9, 2014 and appointed H as the Plaintiff’s manager. The Plaintiff filed a provisional disposition against the Defendant against the Seoul Central District Court by filing an application for provisional disposition prohibiting the Defendant from claiming and receiving management expenses against the lessee of the sectional ownership.
However, the Seoul High Court, which was the appellate court of the case of provisional disposition filed by the defendant, is by the management rules or the resolution of the management body meeting in light of the contents and purport of the provisions of the Act on the Ownership and Management of Aggregate Buildings as of October 13, 2015.