1. The plaintiff's claim is dismissed.

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

Basic Facts

C On September 8, 2006, the building "No. 201 square meters of reinforced concrete structure 206.47 square meters and below 201 square meters among B (hereinafter "the building of this case") which is a 15-story apartment building of reinforced concrete structure built in Songpa-gu Seoul (hereinafter "the building of this case") located in Songpa-gu, Seoul.

A) The Plaintiff completed the registration of initial ownership relating to the instant building. The Plaintiff was awarded a successful bid of 201 on May 11, 2009 and completed the registration of ownership transfer on the same date. The Defendant was the council of occupants’ representatives of the instant building. The Plaintiff did not pay the management expenses for the section for common use under 201 and filed a lawsuit for the claim of management expenses under the court order 2015No121523. Meanwhile, the Defendant collected management expenses for the instant building from the occupants and owners without reasonable grounds. This was confirmed in the relevant civil trial (this Court Decision 2015No101551) and partly reduced the management expenses for the instant building. After that, the Plaintiff sold 201 to C, C, 2015, and C, 2010 to C, 2019, 300, 2016, 2010 to C, 209, 3016, 2018, 209.

Plaintiff’s assertion

The plaintiff asserts as follows as the cause of the claim of this case.

The defendant does not have a legal obligation to pay the unpaid management expenses for the section for common use on behalf of the defendant, and instead of the management expenses for the above section for common use to facilitate the performance of the sales contract under the above 201