1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is an autonomous management organization that consists of occupants of the above apartment in order to manage B apartment in Busan Metropolitan Government D.

B. On June 13, 2011, the Plaintiff completed the registration of ownership transfer with respect to E (the same as the apartment indicated in the attached Table; hereinafter referred to as “instant apartment”).

C. On November 29, 2019, the Defendant sent to the Plaintiff a payment guide claiming KRW 360,000 on the management fee deposit of the instant apartment.

The details of the defendant's management rules concerning the deposit of management expenses shall be as follows:

Article 56 (Deposit for Management Expenses) 1 Pursuant to Article 24 of the Multi-Family Housing Management Act, the owner shall deposit the deposit for management expenses with the management entity during the period of ownership of the relevant house

(2) When an owner transfers, his/her rights shall be offset between the transferor and transferee.

Provided, That where the transferor and the transferee request the management entity to return the management expenses deposit without offsetting each other, the transferor shall return it accordingly.

E. Details of the relevant statutes are as follows:

Article 24 (Deposit for Management Expenses) (1) The management entity may collect expenses incurred in managing and operating common areas of the relevant multi-family housing (hereinafter referred to as "deposit for management expenses") from the owners of multi-family housing.

(2) If the owner loses the ownership of multi-family housing, the management authority shall refund the deposit for management expenses collected pursuant to paragraph (1).

Provided, That if the owner fails to pay the management expenses, user fees, long-term repair appropriations, etc., the balance may be refunded after calculating it from the deposit for management expenses.

(3) Matters necessary for the collection, management, operation, etc. of management expenses deposited shall be prescribed by Presidential Decree.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Article 163 of the Civil Code provides that the defendant's claim on management expenses shall be limited to the plaintiff's claim.