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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that the defendant is the sectional owner who owned 8 floors from 3 to 8 of the building of the building of the building of the building of the building of the building of the building of the building of the building of this case (hereinafter "the building of this case"). The plaintiff entered into a management entrustment agreement with the management body of the building of this case (hereinafter "the management entrustment agreement of this case") and manages the building of this case on or before December 2014. As of June 7, 2016, the defendant did not pay management fees of 62,20,450 won and late payment fees of 6,483,483,430 won (=62,683,450 won) as of June 7, 2016. Since the defendant did not pay management fees of the building of this case to the plaintiff, the management administrator of the building of this case cannot claim for the cancellation of the management entrustment agreement of this case and the management administrator of the building of this case can not claim for the cancellation of the management entrustment agreement of this case.
2. First of all, there is no dispute between the parties that the Defendant is a sectional owner who owns the third to eighth floors among the instant building.
However, under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the " Aggregate Buildings Act"), the subject of the claim for management expenses against the sectional owners is a management body composed of all sectional owners, and the sectional owners are responsible for the payment of management expenses to the management body under the Aggregate Buildings Act, the manager or the person entrusted with management.
Therefore, the manager of an aggregate building or the person entrusted with the management of an aggregate building can exercise the right to collect the management expenses on behalf of the management body, on behalf of the management body, the management body can exercise the management expenses claims against the sectional owners, etc. other than the judgment.
Furthermore, the management rules and relevant.