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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. The grounds alleged by the plaintiff in this court while filing an appeal for the acceptance of the judgment of the court of first instance are not significantly different from the contents alleged by the plaintiff in the court of first instance, and even if all the evidence presented to the court of first instance and this court are examined, the finding and determination of the facts of
Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the first instance judgment, except for the addition of the judgment on the Plaintiff’s assertion added or emphasized by this court, as stated in paragraph (2). Therefore, this Court cited it as it is by the text of Article 420 of the
2. The plaintiff's additional assertion and judgment thereon
A. The Plaintiff asserts to the effect that the management rules of the Defendant management body are not legitimate, and that, as the H, I, and J, the former manager of the Defendant management body, were not legally elected, the Defendant management body is inappropriate, and that the Plaintiff, who enacted the management rules lawfully through the general assembly of October 26, 2017, and elected the manager, has the status of the management body in the previous commercial building.
B. Determination 1) Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”)
A) The management body under Article 23(1) of the Act is not an organization established only through an organizational act but an organization established by sectional owners if there is a building established by sectional ownership, as a matter of course, such organization is established by all sectional owners. If an organization composed of sectional owners and meets the purport of Article 23(1) of the Act, it can perform its role as a management body regardless of its term of existence, form and name. Even if a management body is composed of sectional owners and persons who are not sectional owners, it can concurrently assume the character of the management body composed solely of sectional owners (see, e.g., Supreme Court Decision 94Da27199, Aug. 23, 1996).