1. The Defendant’s order for payment against the Plaintiff was issued on November 16, 2016 by the Jincheon District Court for the Defendant’s Jincheon District Court for the payment order.

1. Facts of recognition;

A. The Plaintiff is the owner of Sacheon-si C and 102 (hereinafter “instant loan”), and the Defendant is the representative of CB loan occupants located in the instant loan.

B. The Defendant asserted that he himself is responsible for the collection of management expenses, etc., and filed an application with the Plaintiff for the payment order against the Plaintiff for the payment order of the instant loan management expenses, etc. (Jinwon District Court Decision 2016Ra468), and the same court issued an order on November 16, 2016 that “the Plaintiff shall pay to the Defendant 1,906,570 won and the amount calculated at the rate of 15% per annum per annum from the day after the payment order was served to the day of full payment (hereinafter “the instant payment order”). The instant payment order was served on the Plaintiff on November 18, 2016, and was finalized on December 3, 2016.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Article 474 of the Civil Procedure Act provides that a final and conclusive payment order shall have the same effect as a final and conclusive judgment. However, unlike Article 44(2) of the Civil Execution Act, Article 58(3) of the Civil Execution Act, which limits the grounds for objection against a claim against a payment order to the effect that the grounds for objection against a final and conclusive judgment have arisen after the closure of pleadings (in the case of a judgment without holding any pleadings, after the judgment was pronounced), does not apply to the assertion of objection against a claim against a payment order. Thus, in the payment order, the grounds for failure or invalidation of a claim arising before the issuance of the payment order may be asserted

(See Supreme Court Decision 2006Da73966, Jul. 9, 2009). The management expenses, etc. of the loan of this case should be reverted to the council of occupants' representatives or the management body in which the loan of this case is located. Thus, the above council of occupants' representatives or the management body may claim against the plaintiff the management expenses, etc. of the loan of this case against the plaintiff.