1. There is no business trust relationship between the Plaintiff and the Defendant with respect to Amera management.

1. Basic facts

A. Guro-gu Seoul Metropolitan Government A shopping mall (hereinafter “instant shopping mall”) is an aggregate building of the second and fifth floors underground, composed of 128 households.

B. From November 1992, the instant commercial building was actually managed by C Co., Ltd., which was a construction executor, and the instant commercial building owners decided to open an extraordinary general meeting on August 19, 1994 to establish a company to manage the instant commercial building by investment of some sectional owners on October 6, 1995.

Since that time, the defendant has comprehensively performed the building management affairs such as the management of the common part of the commercial building of this case and the imposition and collection of management fees.

C. On October 27, 2016, at the Plaintiff’s temporary management body meeting, D was appointed as a manager with the consent of 60 persons among 114 sectional owners (52.63%) and 2,351.39 square meters among 4,500.16 square meters of the total charged-use area (52.25 percent).

D Around that time, the Defendant requested that the Defendant disclose the details of the revenue and expenditure of the instant shopping district management expenses, return the balance to the Plaintiff, and leave the management office, and no longer perform the business of managing the instant shopping district, but the Defendant did not comply therewith.

[Reasons for Recognition] Facts without dispute, Gap's entry in Gap's Evidence Nos. 1 through 13, 15, 18, 19 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion

A. Although the Defendant did not enter into a contract for the management of the commercial building of this case with the Plaintiff, it is conducting management affairs without permission, such as collecting management expenses from sectional owners.

Therefore, in order to eliminate the present danger and apprehensions in the management authority of the commercial building of this case, it is necessary to confirm the absence of trust relationship between the plaintiff and the defendant.

B. The Defendant, without authority, collects and retains money that should be attributed to the Plaintiff, such as management expenses, from the sectional owners of the instant commercial building, etc.