1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff is a management body comprised of sectional owners of the water zone C and the five-story neighborhood living facilities on the ground D pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). The Defendant is an owner who acquired the title E among the above neighborhood living facilities by auction on April 19, 2017.

(C) The instant lawsuit is seeking management expenses (special succession management expenses) from July 2006 to September 2017 against the Defendant from July 2007.

2. The minutes indicate that F is elected by a custodian at the special meeting of the Plaintiff on November 27, 2018.

(B) No. 3, however, there is no separate provision established at the meeting of the management body (Evidence No. 3), and there is no evidence to deem that the above extraordinary meeting was convened by at least 1/5 of the sectional owners, the manager who is the convening authority under Article 33(1) and (4) of the Aggregate Buildings Act or the sectional owners.

In addition, there is no evidence to regard that the special general meeting is called without going through the convocation procedure with the consent of all sectional owners under Article 35 of the Aggregate Buildings Act.

Therefore, the above resolution of the special general meeting is invalid due to the defect in the convocation procedure, so F cannot be viewed as a legitimate representative.

3. The lawsuit of this case is unlawful as it is filed by a person without the power of representation. It is so decided as per Disposition by the assent of all Justices.