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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Evidence 【Evidence】 1-1, 2, A2 through A6, witness D and the purport of the whole pleadings;
A. Although the construction and operation general management center (hereinafter “construction and management”) entrusted the construction and operation of the construction and operation complex, from March 1, 2009 to January 6, 201, the construction and operation complex management center entrusted the construction of the construction complex in Suwon-gu E-building (hereinafter “instant commercial building”) but it was difficult for sectional owners, etc. to perform management duties due to the failure to pay management fees.
B. The Defendants, as majority right holders of the instant commercial building, received the management of the instant commercial building on behalf of the sectional owners in relation to the management of the instant commercial building, on behalf of the sectional owners.
(2) On January 6, 2011, the Defendants agreed to pay KRW 40 million to the Defendant for the payment of KRW 63,685,325 to the accounts payable for the entrusted management expenses after the settlement of management expenses until December 2010. The Defendants shall ensure the settlement of management expenses, such as the receipt and disbursement of management expenses for the portion 63,685,325. After the settlement of the management expenses in December 201, the Defendants, after the settlement of the management expenses for the construction of the instant commercial building, shall pay the three-dimensional compensation expenses incurred in the construction of the instant building, all kinds of water services expenses, electricity charges, and other expenses incurred in the construction of the instant building, and all claims and obligations incurred from the owner of ownership in the building, shall be transferred to the Defendants. The Defendants shall be difficult to repay the said three-dimensional comprehensive management expenses incurred from the construction of the instant commercial building to the Plaintiff and the Defendants by the end of January 1, 2010, following the settlement of the management expenses for the construction of the Plaintiff.
2. The allegations by the parties and the judgment of this Court.