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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The position of the parties 1) Polypool Co., Ltd. is the building B and C located in Sinpo City B and C (hereinafter “instant building”) around May 2006.
(2) On May 18, 2006, on behalf of the sectional owners of the instant building, the management consignment agreement was concluded with the Plaintiff on behalf of the Plaintiff, and the said agreement included the content that the unpaid amount should be settled and paid to the Plaintiff when there is any unpaid amount among the management expenses imposed by the Plaintiff at the time of the termination of the contract. (2) After the approval of the commercial conference organized by the representative of E, the Plaintiff managed the instant building in accordance with the above management consignment agreement.
3) On May 29, 2006, the Defendant is the store indicated in the attached Form among the instant buildings (hereinafter “instant store”).
B) A sectional owner who completed the registration of ownership transfer with respect to B. However, since the management body was held at the general meeting of the management body around October 201, 201, the management body of D (hereinafter “management body of this case”) had the occupants pay management fees directly by opening an account in his/her name on November 201, and the Plaintiff suspended the management of the building of this case on December 1, 201.
2) However, from around December 201 to February 2012, the Plaintiff imposed management fees on each sectionally owned building by calculating only expenses, such as expenses incurred in managing the instant building, such as personnel expenses for electric inspection, electricity maintenance expenses, elevator maintenance expenses, fire-fighting inspection expenses, and expenses for preventive disinfection, as the item of management expenses, and public utility charges, such as electricity and water supply expenses. 3) After then, the instant management body expressed its intent to terminate the management consignment agreement with the Plaintiff on February 15, 2012, and thereafter, the Plaintiff consented to the termination of the management consignment agreement with the Plaintiff, and thereafter, the EN Asset Management Co., Ltd. (hereinafter “EN Asset Management”) was designated as a new truster around April 2012.
C. On November 7, 2012, the Plaintiff filed a lawsuit claiming the payment prohibition of the Plaintiff’s management expenses.