1. The instant lawsuit shall be dismissed.

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

1. The gist of the Plaintiff’s assertion is a management body comprised of sectional owners of A shopping mall (hereinafter “instant building”) located in D Condominium in Seoul Jung-gu, Seoul pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), and C is a person appointed as a manager at the inaugural general meeting of July 22, 2006 (hereinafter “instant inaugural general meeting”) pursuant to Article 24 of the Act on the Ownership and Management of Aggregate Buildings.

On June 24, 2007, the Plaintiff ratified the resolution of the above inaugural general meeting that appointed C as a custodian and re-appointed C as a custodian. On August 2010, the Plaintiff ratified the above inaugural general meeting and appointed C as a custodian at the written general meeting (hereinafter “written general meeting in 2010”) and re-appointed C as a custodian. On June 24, 2007, the Plaintiff ratified the said general meeting and the special general meeting as of June 24, 2007, and re-appointed C as a custodian.

(2) The Defendant, as the sectional owners of the instant building No. 1058 and 6025, submitted a written consent to the payment of monthly membership fees to the Plaintiff on August 17, 2010 and signed the monthly membership fees in the presence of the meeting in writing in 2010, is obligated to pay monthly membership fees in accordance with the Plaintiff’s articles of incorporation and management rules.

Nevertheless, the Defendant denied the validity of the resolution such as the inaugural general meeting of this case, including the fact that C is a legally appointed administrator, and did not pay KRW 11,522,064 as a monthly membership fee pursuant to the Plaintiff’s Articles of Incorporation and the management rules. Therefore, the Defendant is seeking confirmation of the validity of the written general meeting of 2010 and seeking payment of overdue membership fees and damages for delay.

2. Judgment on the defendant's main defense of safety

A. Since C, the representative of the Plaintiff’s main main defense, cannot be deemed a legitimate manager of the management body elected according to the requirements stipulated under the Aggregate Buildings Act, the instant lawsuit is unlawful as it was instituted by a person without legitimate power of representation.

B. The management body under the Act on the Ownership and Management of Aggregate Buildings is determined.