The instant lawsuit is dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Basic Facts

A. On October 19, 2016, the Defendant purchased underground Nos. 4 in the procedure of voluntary auction on October 19, 2016 and completed the registration of ownership transfer on October 20, 2016, and is the owner of each unit of the building, among the instant building, purchased underground Nos. 15 and completed the registration of ownership transfer on February 28, 2017.

B. The Plaintiff filed the instant lawsuit with F as its representative, and on January 17, 2020, filed an application for the correction of the indication of a party to change the representative to C on the ground that the representative of the Plaintiff was changed to or around November 17, 2019.

[Ground of recognition] Facts without dispute, Gap 1's entry, and argument of parties to the purport of whole pleadings

A. The Plaintiff’s claim falls under the management body or management committee established automatically pursuant to the Aggregate Buildings Act, and C is the representative elected by the management committee. Thus, the Defendant is liable to pay the Plaintiff unpaid management fees of KRW 119,267,456 and delay damages.

B. The Defendant’s main defense is not a management body or management committee under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”). Even if the Plaintiff is a management body under the Aggregate Buildings Act, the Plaintiff’s representative is not the manager of the management body of the instant building, and thus, the instant lawsuit is unlawful.

3. If the sectional ownership of the judgment building is established, a management body, the members of which consist of all sectional owners and the purpose of which is to carry out the business of managing the building and its site and its accessory facilities is to be established automatically (Article 23(1) of the Aggregate Buildings Act); if the number of sectional owners is ten or more, the management body shall represent the management body and the manager to execute the business of the management body shall be appointed; and the manager shall be appointed or dismissed by resolution of the management body meeting (Article 24 of the same Act); the management body may be established under the regulations, as stipulated by the regulations;