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1. The Defendant’s KRW 42,728,270 for the Plaintiff and KRW 5% per annum from August 3, 2012 to December 5, 2013.
Reasons
1. Basic facts
A. The status of the party is that the Plaintiff was established by the sectional owners and lessees of the building A (hereinafter “instant building”) on two parcels, including Jindong-gu, Jindong-gu, Jindong-si, and the Plaintiff was performing the duties of maintaining and managing the instant building. The Defendant owned the instant building under 202, 203, and 208, among the instant building, and lost its ownership by winning it to a third party during the voluntary auction procedure on April 11, 2013.
B. From February 26, 2007, the Defendant: (a) purchased No. 202,203 of the instant building from D around February 26, 2007, and operated a restaurant with the trade name “E” (hereinafter “E restaurant”); (b) purchased No. 208 of the instant building from F around October 23, 2007 and operated a restaurant with the trade name “G” (hereinafter “G restaurant”); and (c) paid the Plaintiff the management fee for the Ecafeteria from June 208 to December 2012 (i) KRW 26,767,060 (i) (i.e., the foregoing KRW 17,434,270 water rate 9,332,790 water rate); and (iv) paid the Plaintiff the management fee for the G restaurant from June 27, 2008 to October 23, 2010 (i.e., the instant charges not exceeding KRW 15,961,2810,2074,207).
[Evidence] Facts without a partial dispute, Gap evidence Nos. 1, 2, 18 through 20 (including paper numbers) and the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant's defense is unlawful since the plaintiff is not a managing body's administrator under Article 24 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and the lawsuit of this case is not a party's standing to file a lawsuit of this case.
(b) Article 24 of the Aggregate Buildings Act (1) [the appointment, etc. of a manager] ① If the number of sectional owners is ten or more, the manager shall represent the management body and appoint a manager to execute the affairs of the management body. ③ The manager shall be appointed or dismissed by resolution of the management body meeting.