1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, the purpose of which is building management services, etc., entered into a management service contract with the above C management body for up to December 31, 2016, with respect to the third underground floor and the eight-story aggregate building (hereinafter “C”) located in Bupyeong-gu, Seocheon-gu, Seoul, and the third underground floor and the eight-story aggregate building (hereinafter “C”), and has performed C management services from January 1, 201 to December 1, 2012.

B. On June 15, 2015, the Defendant purchased C601 (hereinafter “instant commercial building”) in a public sale procedure and acquired ownership by completing the registration of ownership transfer on June 26, 2015.

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

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff has the authority to claim unpaid management expenses from August 2013 to May 31, 2015, and the unpaid management expenses of the instant shopping district amounting to KRW 169,056,072, and the unpaid management expenses of the instant shopping district are KRW 56,304,767.

3. The Defendant is obligated to pay the remainder of 52,966,898 won to the Plaintiff, excluding the portion extinguished by the prescription, out of the unpaid management expenses for the section for common use of the commercial building in this case.

B. The Plaintiff has the status of a custodian of C Management Body even if it is determined

However, according to the provisions of Articles 24 and 25 of the Act on the Ownership and Management of Aggregate Buildings, a manager is merely a person who executes the affairs of a management body on behalf of the management body as an institution of the management body, and is merely entitled to claim management expenses under the name of the management body, but cannot claim management expenses under his/her own name. If a manager deems that he/she has the right to claim management expenses under his/her own name and recognizes a lawsuit claiming management expenses, the manager shall be deemed to be a double lawsuit, and the other party shall be allowed to make a set-off claim against the administrator.