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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Plaintiff is a party’s position 1) The Plaintiff is a 7th underground floor in Jung-gu Seoul and D shopping mall in Jung-gu, Seoul and 16th apartment buildings (hereinafter “the instant shopping mall”).
(2) On May 12, 2009, the Plaintiff was established on May 12, 2009 for the purpose of managing and operating the shopping mall of this case. The Plaintiff filed an application for the registration of the opening of a superstore pursuant to the Distribution Industry Development Act, and received a superstore registration certificate from the head of the Gu in Seoul on April 22, 201, and the head of the Gu in September 4, 2013 accepted the Plaintiff’s report from the head of the Gu on September 4, 201. The Plaintiff is performing the duties of imposing and collecting management expenses and claiming management expenses for the shopping mall of this case as a superstore manager. (2) The Defendant is a sectional owner who completed the registration of the transfer of ownership on April 24, 2008 with respect to each of the stores of this case on the six stories of the shopping mall of this case (hereinafter “instant stores”).
B. On February 21, 2009, the owner of the shopping mall in this case, under the Act on the Management and Ownership of Aggregate Buildings (hereinafter “the Act”), convened a management body meeting for all sectional owners pursuant to the Act on the Management and Ownership of Aggregate Buildings (hereinafter “the Act”), and enacted the management body rules (hereinafter “the instant regulations”). The parts relating to this case in the instant regulations are as follows.
Article 3 Definitions
1. Managing body: an organization of sectional owners organized for the purpose of carrying out projects relating to the management and operation of the D shopping mall and its sites and annexed facilities;
10. Managing body: the manager and custodian of each floor elected by sectional owners in accordance with the regulations.
13. Operating Committee: to deliberate on all management affairs delegated by the meeting of managing body, or implemented under these regulations;