1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The assertion and judgment

A. The Plaintiff’s assertion B (hereinafter “instant building”) is a main complex building with an apartment and a commercial building. The head of the management office according to the Multi-Family Housing Management Act, and the management office according to the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”), respectively, shall manage the apartment part, and the manager should be elected after establishing a separate integrated management group in cases of integrated management.

However, the Defendant integrated management of apartment and commercial buildings based on Article 99 of the apartment management rules and the management agreement (hereinafter collectively referred to as the “instant management rules, etc.”). This is not only an infringement on the management rights of apartment and commercial occupants in violation of the management regulations under Articles 23 and 24 of the Multi-Family Housing Management Act, but also an infringement on the management rights of apartment and commercial occupants.

In addition, the instant management rules, etc., which the Defendant used as the basis for integrated management of the instant building, are null and void as they were newly established without complying with the procedures under Article 29(1) of the Aggregate Buildings Act.

Even if not, since the management rules, etc. in this case did not designate the head of the management office as the executive officer, the defendant cannot perform management affairs based on this, and such execution of management affairs also violates the resolution of each management method of the council of occupants' representatives, which decided to independently manage apartment parts and commercial parts.

Therefore, the defendant should not execute the management work of the commercial building among the buildings of this case.

B. We examine ex officio the lawfulness of the instant lawsuit ex officio.

Where the apartment management office determines that the occupants of apartment houses autonomously manage multi-family housing, it shall be determined by the council of occupants' representatives, which is the subject to rights and duties.