1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 10, 2007, APD Co., Ltd. (hereinafter “APD”) newly constructed, and completed registration of preservation of ownership, a commercial building located in the king-dong, Seo-gu, Incheon, Seo-gu, Seo-gu 2 Zone 64 Blux 64 Blux (hereinafter “instant commercial building”).

B. On December 21, 2007, APD entrusted the ownership of the commercial building of this case to the Defendant and registered it on the same day.

(hereinafter referred to as the “instant trust deed” and the registration of the trust is referred to as the “instant trust registration”.

Meanwhile, around November 2008, the Plaintiff was entrusted with the management of the instant commercial building by APD and performed the management of the instant commercial building until March 2014.

(hereinafter the above management contract is referred to as the "management contract of this case"). 【No dispute exists, entry in Gap evidence 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant asserted that the Plaintiff was the owner of an unsold shop among the instant commercial buildings, and was in charge of the maintenance and management of the instant commercial buildings. The Plaintiff was entrusted by APD with the management of the instant commercial buildings, and the Plaintiff was acting on behalf of the owner of the instant commercial buildings, including electricity and water supply.

Therefore, the defendant is obligated to pay to the plaintiff management expenses or unjust enrichment (or administrative expenses) under the management consignment agreement, and to pay to the plaintiff the management expenses or public charges in arrears from May 2009 to March 2014, 32,394,959, and damages for delay.

B. According to the Defendant’s assertion under the instant trust agreement, APD shall bear all the expenses for the maintenance and management of the instant commercial building, and since the said trust agreement was registered, only APD, who is not the Defendant, shall be liable for the payment of the management expenses to the Plaintiff under the instant management agreement.

In addition, as above, APD against the Plaintiff.