1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 1, 201, the Plaintiff, a housing management business company, entered into a building comprehensive management service contract with C management committee for the third underground floor and the 8th aggregate building (hereinafter “C”) located in Namyang-si, Namyang-si, and had it performed the facility management business of C from that time to that time.

B. On February 21, 2014, the Defendant purchased C No. 308 (hereinafter “instant commercial building”) in a public sale procedure and acquired the ownership thereof.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The defendant's judgment on the previous defense on the merits is without merit since the plaintiff, which is a manager, can act on his behalf for the collection of management expenses, etc., and the plaintiff is not a party to a lawsuit directly, and therefore, the plaintiff has standing to sue in the performance lawsuit. Therefore, the defendant's defense is without merit.

3. Judgment on the merits

A. The Plaintiff’s assertion 1) The Plaintiff is entitled to claim unpaid management expenses on behalf of the management body as the manager of the management body, and the Defendant is obligated to pay 3,032,130 won, including unpaid management expenses for common areas in the instant commercial building, as the special successor of the management body.

B. The Plaintiff has the status of a custodian of C Management Body even if it is determined

However, according to the provisions of Articles 24 and 25 of the Act on the Ownership and Management of Aggregate Buildings, a manager is merely a person who executes the affairs of the management body on behalf of the management body as an agency of the management body, and only can claim the management expenses under the name of the management body, but cannot claim the management expenses

If the custodian recognizes the custodian's claim for the management expenses under his/her own name, and the custodian's claim for the management expenses is recognized, 1. If the management body files a separate lawsuit for the management expenses, it will be filed.