1. The plaintiff's claim is dismissed.

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

1. The facts under the basis of facts may be found, either in dispute between the parties or in the entries in Gap evidence Nos. 1, 7, 8, 10, 12, and Eul evidence Nos. 6, 8 through 10 (including the branch numbers, if any; hereinafter the same shall apply). The whole purport of the pleadings may be considered.

The plaintiff is the management body of the Atel located in Mapo-gu Seoul Metropolitan Government (hereinafter "the building of this case"). The defendant, after completion of the building of this case, was in charge of the manager of the building of this case and executed the management expenses of the occupants of this case in his personal name, while keeping and managing them in the passbook.

B. D Co., Ltd., the Defendant’s representative (hereinafter “D”) performed the management of the instant building from around 2002, immediately after the completion of the instant building, and the Defendant received management expenses paid by the occupants of the instant building from around 2002 to February 2007 by the passbook of the management expenses (the account of Suhyup Bank E) opened in the name of the Defendant.

C. On February 2, 2007, the sectional owners of the instant building constituted the sectional owners’ association of the instant building, appointed Nonparty F as the manager of the instant building, and opened the instant building management account under the Plaintiff’s name.

From July 1, 2007, F entered into a service contract for the entrusted management of the building of this case between D and F on May 7, 2007, and sent to D on May 7, 2007 a letter to the effect that the Plaintiff sent to the Suhyup Bank account in the name of the Plaintiff, by May 10, 2007, various deposit deposits (management expenses and loan expenses) and long-term repair appropriations previously managed to D.

Accordingly, on May 10, 2007, the Defendant transferred KRW 23,528,381 to the Suhyup Bank Account (G) in the name of the Plaintiff, and KRW 41,130,375 to another Suhyup Bank Account (H) in the name of the Plaintiff.

On the other hand, in the case of management expenses, the management expenses under the name of the defendant, which the defendant used in the existing management expenses account from the end of December 2010.