1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The plaintiffs are sectional owners A in Gwangjin-gu, Seoul, who fall under the aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act"), and the defendant is a management body composed of all sectional owners of the above aggregate building under the Act on the Ownership and Management of Aggregate Buildings.

B. Article 33(1) of the Defendant’s Management Rules provides that the term of office of the representative member shall be one year. However, on March 27, 2015, the Defendant opened a regular meeting of the Management Body and made a third resolution to change the term of office of the representative member from one year to two years. The above resolution was made with the consent of 56.53% of the total voting rights.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 4, and 5 (including additional statements) and the purport of the whole pleadings

2. The parties' assertion

A. The third resolution of the plaintiff's assertion is null and void in violation of Article 29 (1) of the Aggregate Buildings Act, which provides that the assembly of the management body shall obtain the consent of not less than 3/4 of sectional owners and not less than 3/4 of voting rights in the event of a change in the management body agreement

B. Since Article 29(1) of the Act on the Ownership and Management of Aggregate Buildings strictly applies to the defendant's assertion that the amendment of the Act becomes impossible, it is reasonable to view that the above provision applies only to the case where the content of the amended Act directly affects the ownership of the sectional owners, and that the modification of other important contents is legitimate with the consent of the majority of voting rights present and present.

Therefore, the third resolution is about the adjustment of the term of office of the representative member, and the third resolution to extend the term of office of the representative member from 1 year to 2 years does not cause damages to the sectional owners. Rather, it is possible to prevent excessive disbursement of election expenses due to frequent election, which is the modification of the regulations in accordance with Articles 26-3(2) and 24(2) of the Aggregate Buildings Act.