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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 2008, around February 201, 2012, around November 201, 2013, the Plaintiff entered into a management contract for the instant condominium (hereinafter “instant management contract”) with a non-party C and one of the sectional owners of the building B in Ansan-si (hereinafter “instant condominium”) and managed the instant condominium.
B. On April 26, 2013, the Defendant acquired ownership regarding Nos. 404 and 414 among the instant condominium buildings.
C. At the time of September 2011, a sectional owner of the instant aggregate building changed its trade name into C and D (C/4 shares in relation to No. 101, D1/4 shares in relation to No. 101, etc.), E (No. 402, etc.), and E (No. 402, etc.), An advanced sirenC Co., Ltd. into M.
(No. 401), F (No. 404), G (No. 413), H (No. 520), I (No. 523), etc. The number of sectional owners of the instant aggregate building has increased up until October 2013.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 10-1, 2-2, Gap evidence 13-1, 13-4, and the purport of the whole pleadings
2. The party's assertion and judgment
A. The plaintiff's assertion 1) The defendant's summary of the plaintiff's assertion is the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act").
(2) The Plaintiff is obligated to pay management expenses to the Plaintiff. From September 201 to October 2013, 201, the amount unpaid as management expenses for common areas related to Nos. 404 and 414 of the instant aggregate building is KRW 1,831,90.2) The gist of the Defendant’s assertion is that the Plaintiff should conclude a management contract with the management body of the instant aggregate building pursuant to the Act on the Ownership and Management of Aggregate Buildings. However, the Defendant is not obligated to pay the unpaid management expenses to the Plaintiff.
B. Article 23(1) of the Aggregate Buildings Act provides that if a sectional ownership relationship is established for a building, all sectional owners shall manage the building and its site and its accessory facilities.