1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Daejeon Seo-gu Daejeon building is a commercial building consisting of the sectional owners as determined by the Act on the Ownership and Management of Aggregate Buildings. The plaintiff is a management body established with all sectional owners as its members.

(Plaintiff, around 2018, changed its name from the “D Management Body” to the “A Management Body,” and “Plaintiff, regardless of whether before or after the change.” (b)

On July 18, 2014, the defendant was appointed as the manager of the plaintiff, and around December 2015, collected 51,278,856 won from sectional owners for the purpose of restoring the D building through the resolution of the plaintiff assembly, and received 55,00,000 won from two communications companies.

C. The management rules for the aggregate building (hereinafter “Plaintiff Rules”) stipulate that “the term of office of the manager shall be two years and may be renewed consecutively.”

In addition, 50,000 won are paid monthly by the custodian. D.

Even after the expiration of the defendant's initial term of office, the plaintiff did not appoint a new manager, and on December 30, 2017, the plaintiff appointed E as a new manager.

E. On April 2018, the Defendant delivered to the Plaintiff the passbook, seal, document, etc. in the name of the D Management Body deposited KRW 52,812,266.

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

2. Determination as to the cause of action

A. The term of office of the Defendant asserted by the Plaintiff was until July 17, 2016. Since there was no resolution to re-appoint the Defendant as a manager, the Defendant managed the Plaintiff’s property without permission from July 18, 2016 to December 30, 2017, which is after the expiration of the term of office.

Therefore, 14,876,590 won = 5,876,590 won calculated by subtracting the amount of KRW 52,812,266, and the amount of KRW 4,00,000, and the amount of KRW 34,590,000, from the total income of the Plaintiff managed by the Defendant, from the total income of KRW 106,278,856, and the amount of KRW 5,000,00 for the administrator’s activity expenses.