1. The instant lawsuit shall be dismissed.

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

Judgment on the Defendant’s main defense of safety

A. The Defendant’s assertion is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”) with respect to A Commercial Building in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant commercial building”). As for the instant lawsuit seeking payment of KRW 31,869,720 (Management Fee No. 401, Jun. 62, 870, KRW 405-1, KRW 405, KRW 405, KRW 13,995,360) against the Defendant, who is the sectional owner under Articles 401, 402, and 405-1, the instant commercial building, until December 20, 2013, the Defendant did not have a legitimate defense, such as a management body meeting, even if the Plaintiff’s representative D was not a legitimate member of the management body meeting, who was elected from November 16, 2013.

(b) Article 23 (Establishment, etc. of Managing Body) (1) If a sectional ownership relationship is established for a building, a managing body established with the aim of carrying out business concerning the management of building, its site and annex facilities by all sectional owners.

Article 26-2 (Establishment and Functions of Managing Committee) (1) A managing committee may be established under the conditions as determined by the regulations.

Article 26-3 (Composition and Operation of Managing Committee) (1) Members of the Managing Committee shall be elected from among sectional owners by a resolution of the Managing Committee.

Provided, That if the regulations provide otherwise for the resolution of the management body meeting, such regulations shall prevail.

(1) The manager of a managing body's meeting may, if deemed necessary, convene such meeting.

(4) If no manager exists, at least 1/5 of sectional owners may convene a meeting of the managing body.

This number shall be fixed.