1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that the management duties and the consignment contract for the shopping mall B located in Yeongdeungpo-gu (hereinafter “instant shopping mall”) were concluded with the representative of the shopping mall and the sectional owner. Since the Defendant did not pay the management expenses for common areas even though he was the sectional owner in the instant shopping mall 308 and 309, the Plaintiff should pay 20,803,171 won to the Plaintiff as management expenses from December 2, 2010 to October 2013.

2. Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) provides that if the relationship of sectional ownership is established for the building, a management body, the purpose of which is to carry out the business of managing the building, its site and attached facilities, shall be all sectional owners. Articles 24 and 25 of the same Act provide that if the number of sectional owners is not less than 10, a management body shall represent the management body and a manager to execute the affairs of the management body shall be appointed by the resolution of the management body meeting, and the said manager shall have the authority to claim and receive the allotted amount and expenses for the preservation and management of common areas, and for the performance of affairs of the management body, from

In this case, it is not sufficient to recognize the fact that the above management affairs of the plaintiff and the above-mentioned commercial building association, which concluded a trust contract, has the substance of the management body under the Aggregate Buildings Act. Moreover, there is no other evidence to acknowledge it. Rather, the plaintiff is a person who wants to hold the general meeting of the management body for the revitalization of the commercial building of this case but failed to establish the management rules and it is not possible to establish the management rules. According to the statements in the evidence No. 9 and No. 10, the rules of the commercial building of this case, which are recently enacted retroactively to the previous regulations of the commercial building of this case and the tenant and the sectional owner of the commercial building of this case.