2. The plaintiff's lawsuit of this case, including the part expanded in the trial shall be dismissed.

3.

A. Bluco Co., Ltd. (hereinafter “execution company”) is a company that newly constructs and sells A shopping mall, which is an aggregate building of 5 underground floors and 12 floors above ground, on the E-owned land in Jung-gu in Seoul, Seoul, and the Defendant is a sectional owner of 4043 square meters among the instant commercial buildings (3.97 square meters of the area of the exclusively owned land).

B. On July 22, 2006, the Note Committee for the Operation of the A shopping mall was held at the A shopping mall on the third floor of the building in Jongno-gu Seoul, Seoul. According to the minutes of the above general meeting, the Plaintiff was established by 675 buyers at the above general meeting, and C was elected as the chairperson of the Plaintiff.

C. Meanwhile, the total store of the instant commercial building is 1,615 square meters, the total area subject to sale is 11,680.86 square meters. 861 stores sold at the time of the instant inaugural general meeting, the area sold is 5,706.28 square meters, and 754 unsold stores are 754 square meters, and the unsold area is 5,974 square meters.

On February 3, 2006, before the inaugural general meeting of this case was held, the executor entered into a trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter referred to as the "Korea Asset Trust") for the period of trust with fixing the period of trust as three years from the date of registration of trust, and completed the registration of transfer of ownership with respect to the unsold stores in Korea Asset Trust.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5 through 8, 10, 35, 72, the purport of the whole pleadings

2. The Plaintiff’s assertion ① A management body composed of sectional owners of the instant commercial building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), and C is a person appointed as a manager at the instant inaugural general meeting of shareholders pursuant to Article 24 of the Act on the Ownership and Management of Aggregate Buildings. Even if the Plaintiff is not a management body under the Act on the Ownership and Management of Aggregate Buildings,