The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

C. The total cost of litigation is indicated as the representative of the plaintiff.

1. Basic facts

A. The “A” located in Osan-si D (hereinafter “A”) is a main complex building with the fourth underground and fifteenth underground floors with the approval of use on January 31, 2005, with the approval of use on January 31, 2005 (the underground parking lot, the first, second: the second: the commercial building (14 households), the third, and the fifteenth floor (191 households).

B. On July 11, 2016, the Plaintiff is a non-corporate group organized for the management of apartment parts among the instant building pursuant to Article 43 of the former Housing Act (amended by Act No. 13474, Aug. 11, 2015; hereinafter the same) and is working as the representative director of E (hereinafter referred to as “instant company”). The Defendant is the implementer of the instant building-sale business, the implementer of the instant building-sale business, and the person holding the entire commercial building portion.

C. The first building was managed by the instant company; however, the Plaintiff, around July 2016, caused a dispute at the time of requesting a management system; in the process, was audited on the instant building in accordance with Article 93 of the Multi-Family Housing Management Act and the Ordinance on Audit of Multi-Family Housing Management in Osan City, and subsequently, on December 26, 2016, presented an audit opinion that “the procedure of appointing a manager through a management body meeting including apartment and commercial buildings is required for the lawful management of the instant building.”

On January 20, 2017, the sectional owners of the instant building held the inaugural general meeting of the management body of the instant building (hereinafter “instant general meeting”) and passed a resolution to appoint C as the manager.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, 16, Eul Nos. 1 and 6, the purport of the whole pleadings

2. The gist of the Plaintiff’s claim is that the management body under the Act on the Ownership and Management of Aggregate Buildings, which consists of all sectional owners of the instant building, or the management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) consists of a council of occupants’ representatives and a commercial