The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. The plaintiff is the sectional owner of Yeonsu-gu Incheon Metropolitan City B shopping mall C, and the defendant is the management body comprised of the above sectional owners.

B. On September 8, 2017, the Defendant held a temporary meeting to decide on the agenda.

The main contents of the resolved matters shall be as follows:

The establishment of a management committee for appointment of D as the manager of the management body - The reasonable changes to six management committees, each of three members of the management committee 1 and 2 shall be made by resolution of the management committee.

Management shall be conducted by dividing the amount paid on each floor, other than the allowances for 1 and 2nd floor and the repair and maintenance expenses, and management expenses shall be imposed on each floor by dividing the management expenses into 1/2, and all repair expenses shall be disbursed as repair expenses for the relevant floor.

A parking lot distributed to a public parking lot of the second floor due to the change of use shall be used exclusively by occupants, such as the second floor lessee.

Expenses for the replacement of a short-time accident caused by the transmission of electric wires on the first floor shall be borne by the first floor, and the expenses for the construction of the second floor corridor on the second floor shall be borne by the second floor.

In order to pay 2,800,000 won in total for four-month wages, 1,400,000 won shall be imposed on the lessee at the time, and the remainder shall be paid from the deposit for management expenses.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 8, and 10, the purport of the whole pleadings

2. The defendant's decision on the previous defense on the merits was based on the defendant's representative D resigned on September 7, 2019 on the expiration of his/her term of office, and thereafter, he/she did not elect a new manager due to the failure to meet the quorum, and therefore, it is argued that there is no representative of the defendant, and thus,

The relationship between the non-corporate association and its representative is the same as the legal relationship between the delegating and the delegated person. When the term of office expires, the delegation relationship is terminated, thereby losing the status of the representative. Thus, the representative cannot be deemed to be the representative. However, if there is no representative until the successor is appointed, the non-corporate association which has no choice but to perform the act by the representative.