The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1.(a)

Article 79(1) of the Building Act provides that if a building site or a building violates any order issued or disposition taken pursuant to the Building Act, the competent permitting authority may revoke permission or approval granted under the Building Act, or order the project owner, contractor, field manager, manager, or occupant (hereinafter referred to as “project owner, etc.”) to suspend construction, or to remove, rebuild, extend, repair, change, prohibit, or restrict the use of, such building for a reasonable time, or take other necessary measures.

In addition, the main text of Article 80(1) of the Building Act provides that a construction owner who has received a corrective order pursuant to Article 79(1) of the Building Act and failed to comply with such order within the corrective period shall be subject to charges for compelling compliance according to the set standards if he/she fails to comply with such order within the reasonable compliance period.

On the other hand, the Act on the Ownership and Management of Aggregate Buildings provides that the section for common use belongs to the co-ownership of all sectional owners (Article 10(1)); the section for common use is established if the sectional ownership relation is established with respect to the building as members of all sectional owners, and the management body is established with the aim of implementing the business concerning the management of the building and its site and its accessory facilities (Article 23(1)); and the management body shall exercise or perform the rights and obligations of sectional owners necessary for common interests concerning the management

(Article 23-2). (b)

After recognizing the facts as indicated in its reasoning, the lower court acknowledged the facts, and based on the circumstances that the instant mechanical room is established in the section for common use of the instant building, which is an aggregate building, the Plaintiff, a management body of the instant building, is in the legal or de facto position to implement the corrective order as a manager under Article 79(1) of the Building Act.