1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 23, 2005, the Plaintiff (former: Co., Ltd.) is a corporation with the purpose of real estate management business, etc., the Plaintiff (former: C) entered into an entrustment contract for the management of the instant building with Dongyang C Co., Ltd. (hereinafter “Dongyang C Co., Ltd”) that newly built and sold the instant building with respect to the five underground floors and the 18th floor above the ground (the commercial building from the underground first to the eightth floor above the ground and the 9 to the 18th floor above the ground) located in Dongdaemun-gu Seoul (hereinafter “instant building”). The Defendant is the owner of the 477th floor among the instant building (hereinafter “instant store”).

B. When entering into a sales contract with the number of buyers of the divided stores of the building of this case, Dongyang C&C entered into a sales contract stating that "the management of the commercial building after entry shall be entrusted and managed by the authorized administrator designated by Dongyang C&C or the authorized administrator of Dongyang C&C for the maintenance of order in the early stage, operation and management methods, and settlement of the system, and in this connection, the purchaser shall enter into a contract with the organization organized by Dongyang C&C or the authorized administrator. The purchaser shall enter into a separate management contract (the management rules and operation rules) stipulating the details of the use and management of the sales goods under this contract at the time of the payment of the balance, and shall comply with it."

C. On September 23, 2005, Yangyang Co., Ltd entered into an entrustment contract with the Plaintiff on the condition that it will entrust the management of the building of this case with a two-year term of contract. Article 2 subparag. 7 of the above contract provides for the delegation of the duties concerning the imposition, collection, deposit, and use of management expenses. Article 13 of the above contract provides that the period of this contract shall be two years from October 24, 2005, and the management body will be in the future.