1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation concerning the instant case is as follows, since the reasoning for the judgment of the court of first instance is the same as the reasoning for the judgment of the court of first instance. As such, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The first instance court's 2nd to 12th of the 11th court's 2nd of the 11th court judgment shall be followed as follows:

1) The former Housing Act, which was amended by Act No. 8383 on April 20, 2007, applies only to multi-unit houses that obtained approval for a housing construction project plan pursuant to Article 16 of the former Housing Act, and the provisions of the Housing Act, in principle, are not applied to multi-unit buildings constructed by obtaining a building permit pursuant to Article 8 of the Building Act, and the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management

However, with the revision of the Housing Act on April 20, 207, in order to establish a systematic management system of multi-family housing in the form of a multi-family housing, the regulations on multi-family housing under the Housing Act have been amended to apply even in cases where a facility other than a house for which a building permit was granted under Article 8 of the Building Act and a house is constructed as the same building. Accordingly, the amended Enforcement Decree of the Housing Act on November 30, 2007 (Presidential Decree No. 20429) stipulated the scope of multi-family housing subject to Article 43 of the Housing Act (Presidential Decree No. 20429), and Article 48 of the Enforcement Decree of the Housing Act (Presidential Decree No. 20429) stipulated the scope of multi-family housing subject to Article 43 of the Housing Act.

However, although the building of this case is the main complex building that includes the housing portion, and the housing portion is 150 or more households, the building of this case is an aggregate building already constructed by obtaining a building permit under Article 8 of the Building Act before the revision of the Housing Act, and the Housing Act was amended on April 20, 2007.

Even if the Housing Act on the establishment, etc. of the council of occupants' representatives is the building of this case.