1. The instant lawsuit shall be dismissed.

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

1. The gist of the Plaintiff’s assertion is the management committee of the instant shopping mall composed of the resolution of the management body meeting of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”), which was held on November 16, 2013, against the Defendant, who is the owner or manager of the instant shopping mall 1-1 through 8, 1-4, 5, and 5-7, the sum of the unpaid management fees for each of the above shopping mall is 125,389,230 won.

2. Judgment on the main defense of this case

A. Defendant’s defense 1) On November 16, 2013, the management body meeting of the instant commercial building was convened by ① without convening authority C, ② the sectional owners did not make legitimate convocation notice, ③ the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”) such as failing to meet the quorum for proceedings.

(2) Since the Plaintiff’s representative D was appointed as a representative by the management committee on November 24, 2013, the instant lawsuit is unlawful as it was filed by a non-representative without the power of representation. Thus, the instant lawsuit is unlawful, inasmuch as it was filed by a non-representative of authority.

B. The Plaintiff’s assertion of determination was constituted by the Plaintiff, a management committee under the Act on the Ownership and Management of Aggregate Buildings, at the managing body’s meeting of the instant building opened on November 16, 2013. Therefore, in order to determine whether the Plaintiff has standing to sue in the instant lawsuit as a management committee under the Act on the Ownership and Management of Aggregate Buildings, first, whether the management body’s meeting on November 16, 2013

1) The relevant provisions of the Act on the Ownership and Management of Aggregate Buildings are as follows. Article 23 (1) If the sectional ownership of a building is established for a management body, a management body consisting of all sectional owners, with the purpose of implementing the project relating to the management of building, its site and attached facilities.