1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 23, 2014, the Plaintiff entered into a management organization under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) and a management agreement on the instant commercial building (hereinafter “the instant management agreement”) with the Plaintiff.

B. The Defendant is a person who runs a business under the trade name “C” in Article 505 among the instant commercial buildings.

C. The instant management contract between the Plaintiff and the instant shopping district management body was terminated on or around August 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Defendant, which caused the Plaintiff’s claim, possessed No. 505 among the instant commercial buildings and operated the business.

Therefore, the Defendant is obligated to pay management expenses of KRW 40,808,410 (including delayed payment of KRW 3,584,730) incurred from October 2014 to July 2015 to the Plaintiff entrusted with management affairs by the management body.

B. Since the instant management contract between the Plaintiff and the instant shopping district management body terminated on or around August 2015, the Plaintiff did not have the right to collect the management fee of the instant shopping district, and the Defendant paid all the management fee to the account under the name of A, a new representative of the instant shopping district.

C. If the sectional ownership relation is established with respect to the judgment building, a management body is established with the aim of carrying out the business of managing the building and its site and its accessory facilities by making all sectional owners members (Article 23(1) of the Aggregate Buildings Act), and the management body is an organization formed not only through any organizational act but also by a management body where there is a building established with sectional ownership, and is naturally established with all sectional owners as members. If there are more than 10 sectional owners, a manager must be appointed by resolution

(Article 24 (1) and (2) of the Aggregate Buildings Act and the administrator shall also be the manager.