1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a sectional owner of B, a main complex building with three underground floors and 13 floors above ground located in Ulsan-gu, Ulsan-gu, and a main complex building with 13 floors above ground (hereinafter “instant condominium building”).

B. The instant aggregate building consists of 149 households, including 135 apartment units and 14 commercial buildings.

(hereinafter referred to as the “instant apartment” and the commercial building part shall be referred to as the “instant commercial building”).

On February 11, 2017, the Defendant held a residents' general meeting to raise the reserves for long-term repairs imposed on each household of the instant apartment from KRW 5,000 per month to KRW 10,000 per household.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The plaintiff's assertion is the management body under the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act").

However, the decision of this case by the defendant was held without legitimate convocation procedure required by the Aggregate Buildings Act, and it did not meet the quorum, and thus its procedural defect is so serious that it is null and void.

3. Determination on the legitimacy of the instant lawsuit

A. The issue of party capacity 1 falls under the matter of ex officio investigation by the court. As such, the court should investigate ex officio the facts that form the premise for the determination of party capacity without being bound by the parties' arguments. However, in determining party capacity based on such facts, if an organization with the elements that define the organization as a social entity such as the objective, organization, and members of the organization is actually existing, the party capacity in the lawsuit is satisfied, and if an organization with such meaning is actually existing, it is sufficient to dismiss the lawsuit as unlawful, and the party's assertion is entirely different.