1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. A management body is a management body comprised of sectional owners of a building A located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) pursuant to the Act on the Ownership and Management of Aggregate Buildings, and the Defendant is a sectional owner of the fifth, sixth, and seventh (hereinafter “instant store”).

B. On April 9, 2016, D concluded an entrustment agreement with the Plaintiff to delegate the collection of management expenses of the instant building (hereinafter “instant agreement”) on January 2018, following the appointment of a manager at the extraordinary management body meeting of the A management body, and around January 9, 2018.

C. However, the Seoul High Court Decision 2017Na2074949, which was the appellate court of the lawsuit brought by some members of the A management body against the A management body, confirmed that the resolution that appointed D as the manager of the A management body is null and void at the temporary management body meeting of April 9, 2016.

“The judgment was pronounced, and the judgment was final and conclusive on April 25, 2019 (Supreme Court Decision 2019Da203323).

After that, on May 7, 2019, E was appointed as a temporary manager of the management body in Seoul Central District Court 2019Bhap30091, and E prepared a ratification on July 4, 2019 to approve management authority under the instant agreement entered into between A management body and D on January 4, 2019.

E. Meanwhile, the Defendant unpaid 28,727,782 won including late payment charges from December 2017 to June 2018 as to the instant store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 15, and 16, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant’s obligation to collect management fees from A management body was established from August 24, 2018, on the day following the delivery date of a copy of the complaint of this case, as the Plaintiff seeks.