1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined

A. 1) The defendant argues that since the plaintiff was not a representative organization A, but did not go through legitimate procedures for selecting a representative and for filing the lawsuit of this case, the plaintiff is not a party to the lawsuit of this case. 2) Article 23 of the Multi-Family Building Act provides that "If a sectional ownership relation to the building is established with respect to the building, a management body shall be established with all sectional owners as part of the building, and the site and attached facilities for the purpose of implementing the business management of the building, its site and attached facilities."

Therefore, the management body is not an organization established by any organization, but an organization established by sectional ownership if there is a building established by sectional ownership.

(see Supreme Court Decision 2011Da12163, Apr. 28, 2011). A manager does not need to be a sectional owner and is appointed by a resolution of the managing body’s meeting (Article 24 subparag. 1, 2, and 3 of the Aggregate Buildings Act). A manager may do judicial or extra-judicial acts representing the managing body in relation to the implementation of the managing body’s business.

(Article 25(1)3 of the Aggregate Buildings Act (Article 25(1)3 of the Act on Ownership and Management of Aggregate Buildings). It is reasonable to deem that the term “project execution by a management body” includes the preparation of legal means, such as a lawsuit, to resolve a dispute.

Managing body's meetings shall adopt resolutions with the majority of sectional owners and voting rights.

(Article 38(1) of the Multi-Family Building Act, Article 41(3) of the Management Rules, and each reference document submitted by the plaintiff to this court.