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1. Revocation of the first instance judgment.
2. The Defendant’s KRW 5,51,650 among the Plaintiff and KRW 3,212,960 among the said money, as to June 2016.
Reasons
1. The parties' assertion
A. On October 1, 201, the Plaintiff asserted that: (a) the Plaintiff was a management company that performed B outsourced management with the consent of shop occupants and sectional owners of the building B in Suwon-si, Gyeonggi-do (hereinafter “B”); and (b) the Defendant was a sectional owner B 103 and 104.
Since January 2012, the Defendant had a duty to pay 5,51,650 won and delay damages remaining after deducting management expenses paid in part from the management expenses paid in this court from January 2012 to November 2013.
B. The management contract asserted by the plaintiff is not concluded with the management body B, and it is concluded with a voluntary organization composed mainly of lessees, so the plaintiff has no right to collect management expenses under the management contract.
Furthermore, it is not possible to recognize the amount claimed by the Plaintiff because the criteria for imposition of management fees claimed by the Plaintiff are arbitrary.
2. Determination
A. The management body under Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings is not an organization established only through an organizational act, but an organization formed by sectional ownership as a member of all sectional owners if there is a building established by sectional ownership. If an organization formed by sectional owners complies with the purport of Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings, the management body can play its role as a management body regardless of its form of existence or title. Even if it is a management body composed of sectional owners and persons who are not sectional owners, it can concurrently hold
The following circumstances are acknowledged in full view of the purport of the entire pleadings in the statements Nos. 3 and 5 evidence Nos. 12-1 through 24.
① On October 1, 2011, the Plaintiff concluded the consignment management contract as KRW 3,074 per square year with C, a lessee of B commercial buildings.
② The above management contract was concluded B.