1. Revocation of a judgment of the first instance;

2. The plaintiff's claim (including the changed part in the trial) is dismissed.

3...

1. As to the defendant's main defense

A. According to Article 25(1)3 of the Act on the Ownership and Management of Aggregate Buildings, a judicial or extra-judicial act representing a management body in relation to the implementation of the management body’s business belongs to the authority of the management body. Thus, the Plaintiff, who is only the management trustee company of the management body A (hereinafter “instant building”), is not eligible to file the instant lawsuit claiming management expenses on behalf of the management body.

B. The plaintiff does not claim that he exercise the management authority on behalf of the management body of the building of this case, but seeks the payment of management expenses and late payment fees by asserting that he was entrusted with the management of the building of this case and had the authority to impose and receive management expenses and late payment fees. Thus, there is no room for applying Article 25(1)3 of the Act on the Ownership and Management of Aggregate Buildings. Thus, the above assertion

2. As to the cause of the claim

A. The Plaintiff, the cause of the instant claim, was entrusted with the management of the instant building by the representative manager B of the management body of the instant building. The Defendant, while operating the instant building by leasing and operating the instant building No. 301 through 801, did not pay for the management expenses for the period from January 1, 2015 to January 1, 2016. Therefore, the Plaintiff is obliged to pay the management expenses and late payment damages for the total amount of the management expenses and late payment charges to the Plaintiff.

B. Determination 1) The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) does not stipulate that the possessor, such as the lessee, etc. of the partitioned ownership is not obligated to pay the management expenses. However, the management body may determine the matters between the sectional owners regarding the management or use of the building, site or attached facilities within the extent that it does not infringe on the rights of persons other than the sectional owners (Article 28 of the Act on the Ownership and Management of Aggregate Buildings and the management rules).