1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 4,209,190 and KRW 3,243,300 among the Plaintiff and the Plaintiff’s KRW 3,243,30 on July 2018.

1. Facts of recognition;

A. On May 26, 2017, the Plaintiff entered into a comprehensive management contract with the management body of the building of this case with respect to all common areas, incidental facilities, and welfare facilities of the building of this case other than the section for exclusive use. Since June 1, 2017, the Plaintiff is performing the management of the building of this case from June 1, 2017. The Defendant is the sectional owner of the building of this case subparagraph E among the buildings of this case.

B. From September 2017 to August 2018, the Defendant unpaid total of KRW 4,209,190 ( KRW 3,243,300, and KRW 965,890 from July 2018 to August 2018) for management expenses.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not.

Article 23 (1) of the Aggregate Buildings Act provides that "If a sectional ownership relationship is established for a building, a management body shall be established for the purpose of implementing the business of managing the building and its site and its accessory facilities by all sectional owners."

In a case where there is a building which is established by sectional ownership, not through any organizational act, but through a building which is established by sectional ownership, such management body is naturally an organization formed by all sectional owners as members of sectional owners. If it conforms to the purport of Article 23(1) of the Aggregate Buildings Act, the management body can play its role as a management body regardless of its existence form or name. Even if it is an organization composed of sectional owners and persons who are not sectional owners, the management body composed solely of sectional owners

(see, e.g., Supreme Court Decision 2015Da47310, Sept. 21, 2017). In cases where a managing body of an aggregate building comprehensively delegates management duties, including the imposition and collection of management expenses, to an entrusted managing body, a judicial claim concerning management expenses may be made.