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1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:
The defendant.
Reasons
1. As to the main defense
A. The plaintiff's assertion is unlawful as it did not have the right to collect management expenses, and the lawsuit of this case is filed by a person who is not qualified as the plaintiff.
B. The plaintiff has standing to sue in a lawsuit claiming performance of judgment, and the above defense is without merit.
2. As to the merits
A. The Plaintiff’s assertion 1) was entrusted with management by the management body of the Plaintiff, Nam-gu Incheon Metropolitan Government B (hereinafter “instant building”). Therefore, the Plaintiff has the authority to impose and collect management expenses, and the Defendant under subparagraph 401 of the instant building did not legally impose management expenses and late payment fees from December 2, 2012 to April 2015 [the owner under subparagraph 4 of the instant building] KRW 11,386,420 [the management expenses and late payment fees from December 2012 to June 2014- KRW 7,936,420 [the management expenses from December 2, 2012 to June 2014- KRW 2,60,00 late payment charges of KRW 78,00 (the late payment charges of KRW 271,210)] [the Plaintiff did not legally impose management expenses or late payment charges of KRW 4,973,540,38,38,200].]
Even if the management body did not receive any notification on the assembly of the management body, it is not effective to collect regulations established at the above assembly and management fees based thereon.
B. On March 1, 2011, B Management Committee Chairperson E (AuditF) determined and entrusted the duty to calculate and impose the management expenses of the building of this case as KRW 3,760,00 (excluding value-added tax) monthly and the contract period from March 1, 2011 to April 31, 2013. (2) The Plaintiff was entrusted with the duty to impose and collect the management expenses of the building of this case from the Chairperson G (AuditF) of the B Management Committee by the end of April 23, 2014. (3,691,200 (excluding value-added tax) monthly and the contract period from May 1, 2014 to April 30, 2016.
hereinafter referred to as "the case."