The costs of appeal are assessed against the Plaintiff.

1. Regarding ground of appeal No. 1

A. Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) provides that “If a sectional ownership relationship with respect to a building is established, a management body, the members of which consist of all sectional owners and the purpose of which is to carry out a project on the management of building, site and attached facilities, shall be established.”

In a case where a management body is established not only through an organizational act but also through a building on which sectional ownership is established, such management body is naturally an organization composed of all sectional owners (see Supreme Court Decision 94Da49687, 94Da49694, Mar. 10, 1995). If an organization composed of sectional owners meets the purport of Article 23(1) of the Aggregate Buildings Act, the management body can play its role as a management body regardless of its form of existence or name. Even if a management body is composed of sectional owners and persons who are not sectional owners, it can concurrently play its role as a management body composed solely of sectional owners.

(See Supreme Court Decision 94Da27199 Decided August 23, 1996, etc.). Meanwhile, according to the former Housing Act (amended by Act No. 13474, Aug. 11, 2015; hereinafter “former Housing Act”) and the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 26750, Dec. 22, 2015; hereinafter “former Enforcement Decree of the Housing Act”), a “occupant” (referring to the owner of a house or his/her spouse, lineal ascendant or descendant, or his/her lineal ascendant or descendant) shall constitute a council of occupants’ representatives within three months from the date of receipt of such request if requested by a business operator who constructed a apartment house prescribed by the Enforcement Decree of the former Housing Act.

(Article 43(1) and (3) of the former Housing Act. The council of occupants' representatives shall be comprised of at least four persons, and the Gu shall be in proportion to the number of households by buildings.