Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The member B B B B B B B-dong (hereinafter “instant shopping mall”) was an aggregate building on April 14, 2003 with respect to each of the separate stores, and the registration of ownership was completed on April 14, 2003 with respect to each of the separate stores.
B. On June 24, 2013, the Defendant occupied the instant sectioned store after completing the registration of ownership transfer under Article 405 of the fourth floor (hereinafter “instant sectioned store”) among the instant commercial buildings until now.
C. On March 20, 2003, the Plaintiff entered into a building management contract with one of the building owners of the instant commercial buildings, and managed the instant commercial buildings. On March 20, 2015, the Plaintiff entered into a building management contract (hereinafter “instant management contract”) with D, “the president of the management body of the B buildingB-dong management body,” and actually manages the instant commercial buildings until now.
[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 17 evidence, the purport of the whole pleadings
2. The Plaintiff’s assertion is a legitimate management company entrusted with the management affairs by the managing body of the instant commercial building. The Defendant sought payment of unpaid management expenses for the instant sectioned store by the former owner and the total management expenses from December 2, 2015 to November 2017, as the Plaintiff did not pay KRW 10,164,719.
3. In light of the following circumstances acknowledged by adding up the purport of the entire pleadings to the statement No. 17 evidence No. 17, it is insufficient to acknowledge that the evidence submitted by the Plaintiff alone has the authority to collect management expenses from the Defendant, and there is no other evidence to acknowledge otherwise.
Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") is a building and its site if the sectional ownership of the building is established, all sectional owners as members.