1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. “C” located in Jung-gu Seoul Metropolitan Government B is a major complex building consisting of three Dongs, such as apartment buildings, commercial buildings, and hotel Dongs (hereinafter “instant building”).

B. On June 15, 2015, the management body of the building of this case entered into a building management service contract relating to the facility management of the building in question with the management office of the building in question, and the defendant has been dispatched to the management office of the building in question to the employees of the management office of the building in question.

C. Among the instant buildings, hotel Dongs consisting of 333 guest rooms, and each guest room is divided by several buyers. From February 22, 2016, the Plaintiff is operating a hotel called “E” (hereinafter “the instant hotel”) by concluding a contract for management entrustment with the sectional owners of 319 rooms among them.

On the 24th floor, which is the hotel rooftop of this case, there was a structure that the Plaintiff, a former hotel operator, set up and leased to a restaurant. However, the Seoul Jung-gu Office, the competent office, set it as an unauthorized building (hereinafter “instant non-violation building”) and imposed a non-performance penalty along with the removal order. Around September 2016, the office issued a pre-announcement of imposition of KRW 23,439,000 for non-performance penalty against the Plaintiff.

E. From February 2017, the Plaintiff requested the Defendant, who is the management body and the head of the management office of the instant building, to cooperate with the Plaintiff to remove the instant violating building by preferentially bearing the expenses. The management body and the Defendant requested the Plaintiff to restore the rooftop to its original state after the final apportionment and removal of the expenses, and the agreement between the Plaintiff did not take place properly.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including additional number), entry of Eul evidence 1 to 4, and 20, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is as follows, due to the defendant's improper performance of duties.