1. The plaintiff's lawsuit of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Defendant asserting the cause of the Plaintiff’s claim is obligated to return KRW 93,529,260 in unjust enrichment on the grounds that the Defendant received management fees of KRW 4,974,220 in total from some occupants and received 88,509,130 in total of the base station rents from the radio operator without legitimate management authority of the building of Class B and Class II neighborhood living facility C (hereinafter “instant aggregate building”) on the ground of the 8th, Yeongdeungpo-gu, Seoul and the 2nd underground floor, and received the postage, etc. from the radio operator.

2. The defendant's main defense

A. On October 20, 2012, a resolution passed by October 20, 2012, which elected D as the representative of the instant C Condominium, was not satisfied, and D is not a legitimate representative. Thus, the instant lawsuit filed by D without a legitimate representative authority is unlawful.

B. The instant lawsuit seeking the return of unjust enrichment as a non-corporate association shall undergo a resolution of the general meeting. However, the instant lawsuit is unlawful, since the Plaintiff cannot be deemed to have lawfully filed the instant lawsuit through a resolution of the general meeting.

3. Determination on this safety defense

A. 1) The provisions pertaining to the resolution of a general meeting and the election of representatives from among the management rules of the instant C Condominium shall be as follows: Article 10 [Exercise of Voting Rights] ① A unit of one household shall have one voting right. ② If two or more units of one household share voting rights, one person shall be appointed to exercise voting rights and shall be notified in writing to the management entity in advance. Article 11 [1] The following matters shall be determined with the written consent of the majority of all occupants, etc.:

1. Election of representatives by the floor concerned and non-Confidence;

2. Election of the chairman of the occupant management council under the proviso of Article 17 (3); 3. (Omission) Article 17 (Composition of the occupant management council)

Provided, That at least 1/10 of occupants, etc. shall be the chairperson.