1. The plaintiff's claim is dismissed.

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

1. The following facts do not conflict between the Parties:

The plaintiff is a management body established by consisting of sectional owners of Guro-gu Seoul Metropolitan Government A Apartment Price.

B. The Defendant is a company that leases and uses the above shopping mall No. 01 (hereinafter “instant store”) from C as its owner and operates the clothing manufacturing business.

2. Whether a lessee is liable to pay management expenses to the defendant.

A. The gist of the Plaintiff’s assertion asserts that C, the owner of the instant store, is liable to pay the unpaid management expenses of KRW 52,556,587 to the Defendant, who occupied and used the instant store, as the lessee who did not pay the management expenses.

B. In light of the relevant legal principles, the ordinary management expenses of an aggregate building refers to expenses incurred in the actual management of common areas, and the management body is only entitled to claim against the sectional owners, and as the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) does not directly stipulate whether the lessee, etc. of a sectionally owned building is liable to pay the management expenses, the management body is not entitled to directly claim against the lessee, etc.

I would like to say.

However, with respect to matters between sectional owners regarding the management or use of building, site or attached facilities, the management body may set by regulations for the portion not stipulated in the Aggregate Buildings Act to the extent that it does not harm the rights of persons other than sectional owners (Article 28 of the Aggregate Buildings Act), and the management body may set by the management rules a provision that imposes an obligation to pay the management expenses directly on the possessor, such as the lessee who actually uses the sectional ownership with his consent, and in such cases, the possessor, such as the lessee, etc., is also obligated to pay the management expenses.