The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Basic Facts

The reasoning for this part of this Court is as stated in Paragraph (1) of the reasoning of the first instance judgment, except for adding "(including each number number; hereinafter the same shall apply)" to "No. 17 No. 14, the third party of the first instance judgment "No. 3, No. 17, the second party of the first instance judgment."

2. Judgment on the main claim

A. The Plaintiff’s gist of the Plaintiff’s assertion is the managing body under the instant management consignment agreement, and imposed management fees on sectional owners and occupants. The Plaintiff, based on the division of the instant building, did not pay management fees for KRW 65,881,796 (= Principal KRW 61,135,846 in arrears amounting to KRW 4,475,950, and evidence No. 5).

Since the instant consignment management contract was lawfully terminated on October 31, 2016, the Defendant, as the managing body of the instant building, must pay the unpaid management expenses to the Plaintiff.

The plaintiff did not state that "the reasons why the defendant should pay the management expenses that the sectional owner and the tenant did not pay to the plaintiff".

In this regard, the purport that “the Defendant claims management fees, which have not been paid out of the service fees (fees) for the management affairs that the Plaintiff completed,” is explained to the effect that “the Defendant is entitled to the delegation fees pursuant to the instant management consignment agreement.” However, this is interpreted to the effect that the Defendant seeks the delegation fees pursuant to the instant management consignment agreement, and the said delegation fees claim constitutes the Plaintiff’s preliminary claim, and thus, the said explanation cannot be deemed as a description of the primary claim.

Therefore, the defendant is obligated to pay to the plaintiff the remainder of the unpaid management expenses after deducting the electricity charges directly paid or succeeded to by the defendant from the above unpaid management expenses.

B. The reasoning of the judgment of the court concerning this part is that of the judgment of the court of first instance.

Therefore, Article 420 of the Civil Procedure Act is the same as the statement in the claim.