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1. The Defendant’s KRW 31,755,710 among the Plaintiff and KRW 176,891,720 among the Plaintiff, shall be KRW 66,968,70 from May 8, 2015.
Reasons
1. Basic facts
A. The status of the party is a management body comprised of the sectional owners of “A”, which is an aggregate building consisting of four units of Section D, E, F, and G, located in C, and the Defendant is a sectional owner of “H” under Article 109 of the F of A building F.
B. On September 1, 2010, the Plaintiff entered into a management services contract (hereinafter “instant management services contract”) with Hyundai FM Co., Ltd. (hereinafter “N”), and Hyundai FM was delegated by the Plaintiff to manage the instant building under the management services contract.
C. From April 2013 to January 2016, the Defendant did not pay management expenses (including electricity charges, water supply and drainage charges, urban gas charges, etc.) imposed by Hyundai MM. from April 2013 to January 2016. The unpaid management expenses are KRW 331,75,710, including overdue charges.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 25, 56, 59, Eul evidence No. 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. A resolution of the Plaintiff’s general meeting on March 10, 2009, elected by the Defendant I as the representative of the Plaintiff’s management committee, was null and void because it does not meet the requirements of “a majority of sectional owners” under Article 38(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”).
In addition, the representative I impose and collect management fees on A for sectional owners, did not receive an accounting audit on revenues and expenditures, such as management expenses, and operated A in a single manner, by failing to comply with the request of sectional owners for inspection and inspection. This constitutes "when there is any reason not suitable for the manager to perform his/her duties" under Article 24 (5) of the Aggregate Buildings Act.
Therefore, I represent the plaintiff.