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. Basic facts

A. The D hotel located in Busan Shipping Daegu C (hereinafter “instant hotel”) is a sales-type hotel, and the Plaintiff is a company that operates real estate development and sales business, etc., and is the lessee of the said hotel E.

B. The Defendant, as the owner of the third floor F of the hotel in this case, uses the portion inside the ship indicated by the annexed drawings corresponding to common areas among the above hotel as a warehouse, and (B) for the purpose of public toilets, while operating a public restaurant in the place.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's assertion is that the defendant used the part on board (A) and (b) corresponding to the section for common use among the hotels of this case while illegally occupying them. Thus, the defendant is obligated to deliver the whole part of the hotel of this case to the plaintiff who carries on the hotel business, and to pay unjust enrichment equivalent to the rent during the period of possession.

3. Determination as to the defendant's defense prior to the merits

A. The gist of the defense is that the plaintiff is not a person appointed as a legitimate manager of the hotel of this case, and even if the plaintiff is a manager, it should undergo the resolution of the management body meeting in order to file a lawsuit against other sectional owners under the Aggregate Buildings Act, and thus, the lawsuit of this case is unlawful.

B. Determination 1) Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”)

The provisions of Articles 23 through 25 shall be established in a managing body, if the relationship of sectional ownership for any building is established, with all sectional owners as well as with the objective of implementing the business concerning the management of facilities annexed to the building and its site. The managing body shall have the management authority over the sectional ownership of the managing body: Provided, That the managing body shall represent the managing body and appoint a manager to execute the affairs of the managing body, and shall appoint such manager