1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The assertion of parties as to the capacity of parties;

A. The gist of the Plaintiff’s assertion is that the Plaintiff was a legal entity separate from the management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) or a non-legal entity under the Civil Act, with respect to the management of the parking lot (hereinafter “the instant parking lot”) of the 4th floor above and the 2nd apartment building (hereinafter “the instant parking lot”).

B. The main purport of the Defendant’s assertion is that the Plaintiff did not have a separate organizational act, etc., and thus, it cannot be recognized as a party’s ability as a non-corporate group, and thus, the instant lawsuit must

2. Determination

A. The Plaintiff asserts that the instant commercial building is a management body organized separately to manage the section for partial common use pursuant to Article 23(2) of the Aggregate Buildings Act, in addition to the management body naturally established pursuant to Article 23(1) of the same Act. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the instant commercial building parking lot was part of the sectional owners of the instant commercial building or that the sectional owners organized the Plaintiff to manage the instant parking lot as a part of the section for common use, and there is no other evidence to acknowledge otherwise

In other words, Article 23(1) of the Multi-Family Building Act provides that the management body of the instant commercial building established automatically by making all the sectional owners of the instant commercial building as its members pursuant to Article 23(1) of the Multi-Family Building Act (hereinafter referred to as “the instant apartment house”) is a A apartment located in Gwangju Northern-gu, Seoul (hereinafter referred to as “the instant apartment house”).

The division corresponding to the instant commercial parking lot between the council of occupants' representatives and the council of occupants' representatives is in the instant commercial building.