The costs of appeal are assessed against the defendant.

1. The litigation conducted by the representative of an unincorporated association that is not a legitimate representative with respect to the assertion that the representative of the plaintiff is not a legitimate representative shall have retroactive effect upon the ratification of the litigation conducted by the representative who has lawfully acquired the representative, and such ratification may also take effect at the court of final appeal.

(2) According to the records, the following facts are revealed: (a) at least 1/5 of the sectional owners of a commercial building of this case, among the main complex buildings of this case, convened the Plaintiff’s extraordinary general meeting and re-consign H as the representative of the Plaintiff’s representative at the extraordinary general meeting held on February 7, 2017; and (b) until then H ratified all juristic acts including the litigation conducted by the Plaintiff’s representative; and (c) thereafter, the Plaintiff’s attorney presented materials corresponding thereto by asserting that H ratified ratified the litigation conducted by the Plaintiff’s representative so far.

Thus, since H as a representative of the plaintiff and all procedural acts conducted at the first instance court and the lower court are retroactively effective at the time of the act, the defendant's ground of appeal disputing H's representative authority cannot be accepted.

2. As to the ground of appeal Nos. 1-1, 1-2, and 1-3 (the ground of appeal Nos. 1-1, 1-3), this part of the ground of appeal is not a legitimate ground of appeal on the ground that the lower court’s fact-finding on the location of the antenna, whether to deduct the electricity of the antenna power, or that there was an agreement that the Defendant would have priority in terms of the rooftop use and profit-making

Furthermore, the lower court’s judgment is, contrary to what is alleged in the grounds of appeal, limited to the principle of free evaluation of evidence.