beta
Text
1. The Plaintiff; Defendant (Appointed Party) KRW 47,827,269; Defendant C: KRW 15,942,423; Defendant D: 11,425,613;
Reasons
1. Basic facts
A. A building (hereinafter “instant building”) is a main aggregate building of 4 underground and 10 stories above ground located in F and G both sides in Silung City F and G, and its underground 2, 3, and 4 stories above ground among them is composed of parking lots, etc., and residential apartment complexes from 3rd to 10 stories above ground.
B. The Plaintiff is a management body under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, which is established by all sectional owners of the instant building as members of the sectional owners of the said building (hereinafter “Aggregate Buildings Act”).
C. On February 23, 2012, the Defendant (Appointed Party) and the appointed parties (hereinafter “Defendant”) jointly purchased the ownership of the second floor and the second floor of the instant building (hereinafter “second floor of the instant building”) in the auction procedure and acquired ownership. The Defendant acquired 60/100 shares, C 20/100 shares, 10/100 shares, 10/10 shares, 10/100 shares, and 10/100 shares, respectively.
On March 25, 2014, designated parties D purchased all 10/100 shares of the designated parties E with respect to the second floor of the instant building on March 25, 2014, and acquired ownership by completing the registration of the transfer on April 9, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 26, 45 (including each number), the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The summary of the Defendant’s assertion is unlawful, since the lawsuit was not filed by the person having the power of representation legally appointed in accordance with the provisions of the Aggregate Buildings Act.
B. If a sectional ownership relationship is established with respect to a building, a management body is established for the purpose of the management of the building and its site and its accessory facilities by consisting of all sectional owners (Article 23(1)2 of the Aggregate Buildings Act).