2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

A. D newly constructed a reinforced concrete roof-related facilities of reinforced concrete structure (refinite) which is an aggregate building in E in terms of harmony, a first class neighborhood living facilities of 148.62m2m2, a first class neighborhood living facilities of 140.84m2, a first class 700.84m2, and a second class or fourth class 709.13m2, respectively (hereinafter “instant building”), and obtained approval for use on January 10, 2008.

B. The instant building was registered on January 18, 2008 as sectional ownership.

C. The Plaintiff is an organization established automatically pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings for the purpose of managing the instant building (hereinafter “Aggregate Buildings Act”), and the Defendant is a sectional owner who owns a part of the partitioned building of the instant building.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 4 (including a paper number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the defense prior to the merits

A. Since the Plaintiff’s representative C who filed the instant lawsuit by asserting that the Defendant is the Plaintiff’s administrator, was not appointed as the Plaintiff’s administrator, the instant lawsuit is unlawful as being instituted by a person without the power of representation.

B. The plaintiff's argument C is a legitimate manager for the following reasons, and the defendant's prior defense on the merits is improper.

1) On July 5, 2008, C was appointed as a manager through a resolution of the management body meeting held on an open date, and even if there is no resolution of appointment, D and C, the owner of the building of this case, at the time, have prepared an entrustment contract jointly with the building management company on the same day, and it should be deemed that C has made a written resolution on the appointment of C as a manager. 2) Since July 15, 2008, upon which C commenced its business as a manager, no objection was raised regarding the qualifications of C, and the Defendant also filed a request for convening the management body meeting with C as an agenda item, and C, a request for the removal of C’s manager was filed on December 22, 2014 and January 8, 2015.