1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On July 2002, the Plaintiff completed the construction of a neighborhood living facility and a multi-family housing on the land outside C and three parcels of Yangsan-si.

B. The above completed building (hereinafter “instant building”) consists of 29 households, and the Plaintiff concluded a sales contract for some of the households after the completion of the construction but did not undergo a completion inspection, the instant building was unregistered.

Since then, the Plaintiff’s creditor received a decision to commence compulsory sale of the instant building, and on August 31, 2007, the registration of preservation of ownership was made in the name of the Plaintiff.

C. On June 23, 2015, the Defendant purchased No. 801 of the instant building and has resided until now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 5, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant did not pay management expenses for the household owned by the Defendant from November 2015, and without any authority, collects management expenses from the owner or occupant of eight households among the instant building (hereinafter “the instant unpaid household”) and keeps them in custody at KRW 25,00 per month.

Therefore, the Defendant is obliged to pay the Plaintiff the unpaid management expenses and the unpaid household management expenses of the instant unpaid household in unjust enrichment.

B. The plaintiff alleged by the defendant is not entitled to collect management expenses of the building of this case, and the plaintiff cannot pay management expenses to the plaintiff because he uses it for personal purposes, such as not disclosing the details of use of management expenses.

3. Determination

A. There is no dispute between the parties, or if the purport of the entire pleadings is added to the statements in Gap evidence Nos. 3, 5, 6, 7, and 8, the plaintiff is the owner of the building of this case after the construction of the building of this case. ② The plaintiff and the plaintiff, the owner of the entire household of the building of this case, are the plaintiff of the building of this case.