1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 13, 2011, the Plaintiff was delegated by the management body with the duties of imposing, collecting, depositing, and using management expenses, as an administrator under the Multi-Unit Residential Building Act, which is stipulated in the Multi-unit Residential Building Act, which concluded an entrustment contract for building management between the management body and the management body which is a sectional owner of the Seoul Mine-gu Seoul Metropolitan Government Building (hereinafter “instant aggregate building”).

(See Article 2(7) of the Building Management Entrustment Contract. (b)

As of June 8, 2015, the Defendant, as a sectional owner of 2nd classD units on the ground of the instant condominium building, was liable for the Plaintiff’s unpaid management expenses, totaling KRW 56,826,680, late 45,729,40, and KRW 102,556,080 (= KRW 56,826,680, KRW 45,729,40).

C. Accordingly, when the Plaintiff applied for a payment order against the Defendant to claim the payment of management expenses and arrears, and the payment order accordingly became final and conclusive, on June 1, 2015, the Plaintiff applied for a compulsory auction on the real estate owned by the Defendant to Seoul Eastern District Court E, and withdrawn the decision to commence compulsory auction on June 2, 2015. The Plaintiff spent the costs of KRW 2,163,400 in total for the aforementioned legal procedure.

On the other hand, on June 11, 2015, the Defendant remitted management fees of KRW 71,917,382 (=management fees of KRW 56,826,680) to the Plaintiff under the pretext of unpaid management expenses and late fees (=management fees of KRW 15,090,70).

[Ground for Recognition: Facts without dispute, Gap 1, 2, 6, 7 evidence, Eul 2, 6, and 7 evidence, the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion does not pay the plaintiff the above 32,802,00 won and delay damages to the plaintiff, although the defendant shall pay 30,638,698 won and delay damages to the plaintiff. The defendant is obliged to pay the above 32,802,098 won and delay damages to the plaintiff.

B. The defendant's summary of the defendant's assertion agreed to reduce part of the late payment charge with the plaintiff and paid the late payment charge reduced accordingly.