1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Basic Facts

The Plaintiff is a company that has established a comprehensive management service business for the purpose of business, and C (hereinafter referred to as “C”) is a company that has the right to manage the said building until the management body of the said building commences management pursuant to Article 9-3(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as “the Aggregate Buildings Act”) as a seller of the building, which is an aggregate building of the first and fifth floors, located in D at the time of construction completion of around August 2017, as the seller of the said building (hereinafter referred to as “instant building”).

On August 2017, the Plaintiff entered into a building management contract (hereinafter “instant management contract”) with C, stating that “the Plaintiff shall be entrusted with the management of the instant building, including the imposition and collection of management expenses for the instant building,” (Article 12 of the said management contract).” (Article 12 of the said management contract states that “The labor cost out of general management expenses shall be determined as KRW 968/1 square meter, and the expenses incurred each month, such as repair and maintenance expenses, cleaning expenses, etc., shall be apportioned in proportion to the area ratio.”

C On January 17, 2018, the Defendant completed the registration of ownership transfer on November 21, 2017 with respect to 1/2 shares among the stores with the fourth floor F of the instant building No. 104.88 square meters (hereinafter “instant stores”) on November 21, 2017.

(A) After January 2018 to April 2019, the Plaintiff imposed KRW 6,476,796 (hereinafter “the instant management fee”) on the Defendant, in accordance with the instant management contract, the sum of KRW 5,742,456 and late payment charge of KRW 734,341 (hereinafter “the instant management fee”).

[Ground of recognition] In light of the above facts, Gap evidence Nos. 1 through 13, Gap evidence Nos. 14-1 through 3-3, the purport of the whole pleadings, and the ground of claim for judgment, the defendant is not liable for unpaid management fees imposed on the plaintiff, who is a 1/2 share holder of the store of this case and entrusted with the management affairs of the building of this case by Eul who is entrusted with the management affairs of the building of this case.