2. Plaintiff A’s Defendant D Co., Ltd.

A. The Seoul Yeongdeungpo-gu Seoul Metropolitan Government Building Q and R Total Ground B Building (hereinafter “instant building”) is an aggregate building consisting of 86 sections of exclusive ownership. The total area of exclusive ownership is 19,852 square meters.6 square meters.

B. The Plaintiff B building management body (hereinafter “Plaintiff management body”) is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, which consists of all sectional owners of the instant building, (hereinafter “Building Act”).

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a sectional owner who owns approximately 42% of the sections for exclusive use in the instant building, and is one of the co-managers of Plaintiff Co., Ltd.

C. The Defendants are sectional owners who own part of the instant building’s exclusive ownership, and among them, Defendant D is one of the co-managers of the Plaintiff managing body.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The Defendants’ determination on the legality of the instant lawsuit by the Plaintiff managing body asserted that the instant lawsuit by the Plaintiff managing body, which is a non-corporate body claiming unpaid management fees against the sectional owners of the instant building, was instituted without internal decision-making procedures as to the filing of the lawsuit itself, and is unlawful.

If the divided ownership of the building is established under the Act on the Ownership and Management of Aggregate Buildings, the plaintiff management body is an organization established automatically for the purpose of carrying out the business of managing the building, its site and its accessory facilities with all sectional owners as members of the divided ownership, and its substance falls under the unincorporated association.

The party capacity of the non-corporate association shall be recognized only as a lawsuit concerning collective ownership property, damages where collective ownership property is infringed, unjust gains, claims for exclusion of disturbance, etc., and the lawsuit concerning collective ownership property shall be in the form of indispensable co-litigation either by the non-corporate association subject to a resolution of the general meeting of members under its name or by all its members being the parties concerned.