1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

The basic fact is that A Apartment is an aggregate building with the 2nd underground and the 15th ground surface of Daejeon-gu, Daejeon-gu, and the 1st underground and the 2nd underground and the 1st underground are parking lots; the 1st and the 22 commercial buildings with the 1st and the 2nd underground (hereinafter “instant commercial buildings”); and the 3 through 15th ground are apartment buildings with the 332 apartment buildings (hereinafter “instant apartment”).

On July 17, 2014, the Defendant acquired the ownership of the instant commercial building 109.

[Reasons for Recognition] The Defendant’s assertion as to the facts without dispute, Gap’s evidence Nos. 2, 3, 7, 8, 10, Eul’s evidence Nos. 5-1 through 22, and the whole purport of the pleading as to the defense prior to the merits of the lawsuit is not an organization formed through a legitimate general assembly, etc.

The plaintiff manages only the apartment part of the building of this case, and its substance is the same institution as the A apartment apartment council, the council of occupants' representatives or the A apartment condominium building management committee composed of sectional owners of the apartment of this case, or is merely the subordinate agency of the above agency.

Therefore, the plaintiff has no capacity to perform the lawsuit of this case.

The instant lawsuit was filed by the Plaintiff’s custodian D.

However, the meeting of the management body that appoints D as the manager is not effective because there is any defect in the notification of convocation and the quorum of resolution.

Therefore, this lawsuit filed by D, which is not a legitimate custodian, is unlawful.

According to Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), if the relationship of sectional ownership is established for the building, a management body, the purpose of which is to carry out the business of managing the building, its site and its accessory facilities, consisting of all sectional owners, shall be naturally established.

The plaintiff's A Apartment Condominium Condominium Management Rules No. 47 No. 1, and the defendant are legitimate management rules.