1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

1. Facts of recognition;

A. The Plaintiff is a management body consisting of sectional owners of “A”, which is an aggregate building on the land outside D, Dong-gu, Sungnam-si, and the Plaintiff. The number of sectional owners of the instant aggregate building is 71, and the number of sectional owners is 56, and the aggregate of the area of exclusive ownership, which is a voting share under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).

B. The Defendant, as a sectional owner of the 2, 3, and 4th class of the instant aggregate building, owns the part equivalent to 3.99% of the entire section for exclusive use (445.68m2, 456.98m2, 456.98m2) of the total section for exclusive use.

[Ground of recognition] Facts without dispute, Gap evidence 1, 27, and 29, and the purport of the whole pleadings.

2. Determination on this safety defense

A. On the premise that the plaintiff's assertion is a management body under the Aggregate Buildings Act for the management of the aggregate building of this case, the defendant is unlawful in the lawsuit of this case since the plaintiff is not a management body or N, the representative of the plaintiff, has no legitimate power of representation.

B. 1) The management body under Article 23 (1) of the Aggregate Buildings Act is not an organization established only through any organizational act, but in the case of a building on which a sectional ownership relationship is constituted, if there is a building, it is naturally an organization established by all sectional owners and it is not a procedure necessary for the formation of the management body (see, e.g., Supreme Court Decision 2006Da33340, Dec. 8, 2006). In the case of the aggregate building in this case, from the time the sectional ownership relationship is established, the management body under Article 23 (1) of the Aggregate Buildings Act, which is naturally a member of all sectional

Furthermore, comprehensively taking account of the overall purport of the arguments in the statements in the evidence Nos. 3, 13, and evidence Nos. 12-1, 12-1, and 12, the Plaintiff managing body shall establish management rules, and it shall be monthly managing body.