1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C, which is a 7th floor building of reinforced concrete building on the land B in Kimpo-si, Kimpo-si (hereinafter “C”), is an aggregate building and consists of the section for exclusive use and common use of 98 households.

B. On June 1, 2012, the Plaintiff entered into an entrustment contract for C management affairs (hereinafter “instant entrustment contract”) with the D Management Committee, and performed C management affairs.

C. On May 22, 2013, the Defendant purchased Non-201 and Non-202 (hereinafter “instant commercial buildings”) of the C-Sademine C at an auction procedure and acquired the ownership thereof.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3 (including paper numbers), the purport of the whole pleadings

2. As to the plaintiff's claim for unpaid management expenses against the defendant by asserting that the plaintiff is the manager of the management body C, the defendant asserts that the plaintiff's lawsuit is unlawful since the plaintiff is not a legitimate manager appointed by the resolution of the management body meeting C, since the plaintiff is not a party-qualified

On the other hand, in a lawsuit for performance, the standing to be a party is the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit, and whether there is the right to demand performance or not, must be proved through the deliberation

However, the lawsuit in this case constitutes a lawsuit claiming that the plaintiff has the right to claim management expenses and claiming management expenses against the defendant, and thus, the plaintiff has the standing to be a party, and whether the plaintiff has the right to claim management expenses as a custodian should be proved through the deliberation on the merits.

Therefore, the defendant's above assertion is without merit.

3. Judgment on the merits

A. The Plaintiff’s assertion 1 becomes the manager of the C Management Body under the instant entrustment contract, and even if the manager is not the manager, management expenses under Articles 3 and 9(2) of the instant entrustment contract.