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1. The plaintiff's claim of this case is all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is an organization consisting of 86 households of apartment houses of the 3-15th and upper floors above the ground among the buildings listed in the attached list (hereinafter “instant building”). The Defendant is an organization consisting of 126 households of the first and upper floors above the ground among the instant buildings.
[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion appears to have spent KRW 170,118,750 as personnel expenses of the manager of the 5th floor mechanical room from June 25, 2004 to July 25, 2014, and KRW 97,861,590 as construction and maintenance expenses, respectively, for the management of the section for common use of the instant building. As such, the Defendant appears to have paid KRW 92,785,30 (170,118,750 + 97,861,590 + KRW 590) equivalent to 26.63%, which is the share ratio of the instant building.
[2] Article 17 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that each co-owner shall bear the expenses for the management of the section for common use and other obligations and obtain profits from the section for common use according to the ratio of his/her share, unless otherwise provided by the regulations, and Articles 24 and 25 of the Act on the Ownership and Management of Aggregate Buildings shall appoint a manager to execute the affairs of the management body if the number of sectional owners exceeds 10, and the manager shall claim and receive the allocated amount and the expenses for the performance of the affairs of the management body and manage the money to each sectional owner.
Ultimately, the subject of the cost of managing the section for common use is each co-owner, but it is not a management body comprised of the sectional owners of some sections for common use (Article 23 (2) of the Aggregate Buildings Act).