손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The reasoning of this court's explanation is as stated in the reasoning of the judgment of the court of first instance, except for the part added under Paragraph 2 below. Thus, it is acceptable to accept it as it is by the main text of Article 420 of the Civil Procedure Act.
2. The addition;
(a)No. 5. The following shall be added to the decision of the court of first instance No. 10:
As to this, the Plaintiff, as a matter of principle, shall exist in one aggregate building, and as A had a management body with the name of “A management body” (after that designation, its title shall be changed to “A management body”), the Defendant, composed thereafter, asserts that the Defendant cannot become a management body of A. If the entire purport of pleadings is added to the written evidence No. 16-1 through 3, and evidence No. 16-1, and evidence No. 1, a sectional owner of A’s management rules (hereinafter “instant management rules”) with the consent of approximately 87% around November 30, 2012.
The facts of the enactment of the management rules, the management body is composed of sectional owners of the building in this case (Article 5), and sectional owners may exercise voting rights at the meeting of the management body in accordance with the ratio of the area of the section for exclusive use (Article 20), and the council of occupants' representatives shall be established to resolve matters entrusted to the management body (Article 25), and the council of occupants' representatives shall be composed of representative members elected by each floor, and the council of occupants' representatives shall elect the chairperson at the meeting of the above management (Article 26 may be recognized, and the fact that A's sectional owners and occupants form A' representatives' representatives' representatives' councils composed of representatives by each floor from around 206 pursuant to the above management rules is recognized as above.
According to the above facts, A council of occupants' representatives is not a management body under Article 23 (1) of the Aggregate Buildings Act, but a management committee under Article 26-2 of the same Act. Thus, it is reasonable to view A's council of occupants' representatives as the only management body under Article 26-2 of the same Act.