1. All appeals of this case are dismissed.

2. The costs of appeal shall be borne by C which is represented by the Plaintiff.

1. Basic facts

A. D newly constructed a reinforced concrete roof-related facilities of reinforced concrete structure (refinite) which is an aggregate building in E in terms of harmony, a first class neighborhood living facilities of 148.62m2m2, a first class neighborhood living facilities of 140.84m2, a first class 700.84m2, and a second class or fourth class 709.13m2, respectively (hereinafter “instant building”), and obtained approval for use on January 10, 2008.

B. The registration of sectional ownership was completed on January 18, 2008 for the instant building.

C. The Plaintiff is an organization established automatically pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings for the purpose of managing the instant building (hereinafter “Aggregate Buildings Act”), and the Defendant is a sectional owner who acquired the ownership of a part of the instant building around 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 4 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. Since the Plaintiff’s representative C who filed the instant lawsuit by asserting that the Defendant is the Plaintiff’s administrator, was not appointed as the Plaintiff’s administrator, the instant lawsuit is unlawful as being instituted by a person without the power of representation.

B. The plaintiff's argument C is a legitimate manager for the following reasons, and the defendant's prior defense on the merits is improper.

1) On July 5, 2008, C was appointed as an administrator through a resolution of the management body meeting held on an open date, and even if there is no resolution of appointment, D and C, the owner of the instant building, at the time, have prepared an entrustment contract jointly with the building management company on the same day, and it should be deemed that there was a written resolution stating that C is appointed as an administrator. 2) D are to appoint each sectional owner as a manager at the time of selling each section of exclusive ownership of the instant building to each sectional owner, and each sectional owner, who is the buyer, prepared the contract.