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1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
Reasons
1. In the first instance trial, the Plaintiff filed a counterclaim claiming the reimbursement of unpaid management expenses, and the Defendant filed a counterclaim claiming the refund of management expenses, etc., which was accepted, and the counterclaim was dismissed.
It is evident that only the defendant has filed an appeal against the principal lawsuit.
Therefore, only the claim of this case is subject to the judgment of this court, and it is to be judged accordingly.
2. Facts of recognition;
A. The Plaintiff is an organization composed of sectional owners and users to manage A Commercial Building A, which is an aggregate building located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant commercial building”), and the Defendant is the owner of the instant commercial building D.
B. On January 26, 2017, the Plaintiff held a general meeting on February 6, 2017 and elected E as the president with the consent of all the 14 sectional owners and lessees.
C. On January 5, 2018, the Plaintiff: (a) held a general meeting on January 12, 2018; (b) elected F as president with the consent of all 15 members, including sectional owners; and (c) amended the Plaintiff’s name and regulations.
On March 7, 2019, the Plaintiff held an extraordinary general meeting on March 19, 2019, following the procedure for the public notice of convening a meeting and the notice of convening a sectional owner on March 19, 2019, and adopted a resolution to amend the rules of the general meeting as of January 12, 2018, with the consent of 17 members [the number of sectional owners in the Gho Lake, H, J, K, L, sectional owners M, N, O sectional owners in the M, Q, M, T, U, and U are the same person. Therefore, in calculating the number of sectional owners, each of the above sectional owners is deemed one (see Supreme Court Decision 2009Da6546, Oct. 13, 201). Whoho and X-Cos jointly owned by many people and the number of sectional owners in the same group are deemed one person].
E. The sectional owners of the instant commercial building at the time of the special general meeting of March 19, 2019.