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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.
Reasons
1. Basic facts
A. A apartment in Daejeon Jung-gu, Daejeon (hereinafter “A apartment”) is a main apartment building consisting of 1 and 2 underground parking lots; 1 and 2 above ground and 22 commercial buildings (hereinafter “instant commercial buildings”); 3 to 15 above ground are housing 332 bonds (hereinafter “instant housing”).
B. On November 19, 2001, Co., Ltd. completed the sale of the instant commercial buildings around April 201, and completed the sale of the instant commercial buildings around May 31, 201, while directly leasing and managing A apartment after completing the construction of A apartment.
C. On January 1, 2013, Co., Ltd., Ltd. transferred the management duties of A apartment to the council of occupants' representatives.
The Defendant completed the registration of ownership transfer on the ground of sale on April 1, 2013, the Daejeon District Court, Daejeon District Court, No. 17861, which received as of April 1, 2013, as to the instant shopping districts D (hereinafter “D”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 7, 8, 9, 10, 14, Eul evidence No. 5 (including virtual numbers; hereinafter the same shall apply) or video, the purport of the whole pleadings
2. Judgment on the defendant's main defense of safety
A. Defendant’s assertion 1) The Plaintiff’s defense that the Plaintiff was not a party to the instant lawsuit is merely an agency identical to the A Apartment Complex Management Committee or a subordinate agency of the said agency, composed of sectional owners of the instant housing, or a subordinate agency of each of the said agencies. 2) The F who filed the instant lawsuit on behalf of the Plaintiff who did not have the power of representation, did not have legitimate power of representation. Therefore, the instant lawsuit is unlawful.
B. 1) The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) concerning the plaintiff’s defense that the plaintiff has no capacity
Article 23 (1) "If a sectional ownership relationship is established for a building, a building consisting of all sectional owners and the management of its site and annex facilities.