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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff is a person engaged in building management business under the trade name of “C”.
On July 2015, the Plaintiff entered into an entrustment contract with the business owner and lessee of the instant commercial building, setting the contract term from July 25, 2015 to July 24, 2018, with regard to the management of the instant commercial building. The Plaintiff performed the collection, deposit, use, and vicarious payment of public charges of the instant commercial building according to the entrustment contract.
(2) When the issue was whether the instant shopping mall constitutes a management body under the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff entered into an entrustment contract with the management body of the instant shopping mall, which was composed of the sectional owners and occupants of the instant shopping mall, on March 31, 2016, regarding the management affairs of the instant shopping mall, with the term of the contract from March 31, 2016 to March 30, 2019, and was delegated by the management body of the instant shopping mall with all of the collection authority for the management expenses incurred in the instant shopping mall.
B. (1) The Defendant owned No. 101 among the instant commercial buildings from October 18, 2002 to January 18, 2016. However, from January 2007 to March 2015, the Defendant operated the instant store E (hereinafter “instant store”), and the management expenses imposed on the Defendant during the said period were KRW 46,530,819 in total.
(2) The defendant deposited management expenses of the commercial building of this case (F of Korea Bank, Deposit Shares: G; G; hereinafter "Management expenses passbook of this case"), KRW 451,712 on February 6, 2007, KRW 451,712 on March 20, 207, KRW 401,050 on March 27, 2007, KRW 425,030 on May 16, 2007, KRW 435,851 on June 29, 2007, KRW 819,725 on July 25, 2007, KRW 819, KRW 521 on August 29, 2007, KRW 60,000 on June 16, 2007, KRW 1305,000 on June 15, 2005, KRW 2008.
- No. 1.