1. The defendant among the judgment of the first instance, ordered payment in excess of the following portions:

1. Facts of recognition;

A. A is a main complex building with the 5 underground and 15 underground floors located on the ground of Eunpyeong-gu Seoul site, Eunpyeong-gu, Seoul, which consists of the 1st to the 2nd above ground and the 3rd to the 15th above ground.

B. The Plaintiff is a management body under Article 23(2) of the Act on the Ownership and Management of Aggregate Buildings, which is established by all sectional owners of A 129 stores as members.

C. The Defendant is a sectional owner who was awarded a successful bid for No. 133 of A underground1 floor (hereinafter “instant store”) and completed the registration of ownership transfer on August 27, 2012.

[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument

2. The plaintiff filed a lawsuit on behalf of the plaintiff because it is unlawful to limit the qualification of manager, candidate, and qualification of manager to the operating member of the shopping mall in the process of appointing the plaintiff's manager. Thus, the plaintiff asserts that it is improper to file a lawsuit on behalf of the plaintiff by D who is elected as manager through the above illegal process of appointing the manager.

Article 24 (1) and (2) of the Act on the Ownership and Management of Aggregate Buildings provides that "if there are at least ten sectional owners, a manager shall be appointed. The manager shall not be required to be a sectional owner, and the term of office shall be determined by the regulations within the limit of two years."

Comprehensively taking account of the overall purport of the pleadings in the statement No. 3 and No. 9-1 through No. 10-8 of the evidence No. 3, the Plaintiff publicly announced the candidate registration under the name of the president D on October 13, 2014, and the period of candidate registration is from October 13, 2014 to October 15, 2014, and attached “a certificate of operating committee member” to the documents to be submitted for the candidate registration, and it is recognized that the Plaintiff was appointed as a representative who solely withdraws from the meeting of the Plaintiff management body held on November 21, 2014 to the sole administrator.

(b) however,