1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. Defendant B is a sectional owner of the fourth floor of Yongsan-gu Seoul Metropolitan Government Building (hereinafter “instant commercial building”), an aggregate building, and Defendant D is a lessee.

B. On November 16, 2013, the management body meeting of the instant shopping mall (hereinafter “the instant first management body meeting”) was held, and a resolution was passed to select E, F, G, H, I, J, K, L, M, and Defendant B as management members. Accordingly, the management body of the instant shopping mall was organized.

On November 24, 2013, the management committee held a first meeting of the management committee and passed a resolution to appoint I as the chairperson of the management committee.

C. As a representative of the “Abuilding Management Body, I filed a lawsuit claiming unpaid management expenses against NB, the owner of the instant commercial building, in the name of the management body. In the lawsuit above, I cannot be deemed a legitimate manager of the instant commercial building management body because the rules submitted on the side of the instant commercial building cannot be deemed to have been legally established, and thus, I cannot be deemed a legitimate manager of the instant commercial building management body, and the first management body meeting of this case cannot be deemed a legitimate manager of the instant commercial building management body. Since the first management body meeting of this case is invalid due to serious defects in convocation procedures, such as convening by a non-authorized person, and the election members elected at the management body meeting of this case also have no effect, and the resolution of selecting I as the chairperson is invalid. Thus, I does not have the right to represent the management body of the instant commercial building, and the Plaintiff’s lawsuit was dismissed as a lawsuit filed by a non-authorized person (Seoul High Court Decision 2015Na2012879, Sept. 4, 2015).

On the other hand, on November 16, 2013, which was around the first management body meeting of the instant case, the sectional owners of the instant commercial building are 35 persons, such as the entry of the sectional owners and the current status of sectional ownership.

E. On August 3, 2015, among the sectional owners of the instant commercial buildings, O, P, Q, R.