1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The defendant is a management body comprised of sectional owners of the aggregate buildings listed in the separate sheet (hereinafter "the instant commercial buildings") in accordance with the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act").

The plaintiff is the executor of the new commercial building project of this case.

B. From May 12, 2003 to September 11, 2005, the Plaintiff sold 313 units out of the instant commercial building from May 2003 to September 1, 2005. Article 11 of the sales contract for the instant commercial building provides that “The management of the commercial building after entry shall be in charge of a management corporation with legitimate qualifications pursuant to the relevant statutes. The buyer faithfully complies with the management regulations established by the management corporation and shall pay management expenses. However, until the establishment of the management corporation, the Plaintiff shall act on behalf of the Plaintiff.” (2) On May 12, 2005, the Plaintiff entered into a real estate security trust agreement for the instant commercial building (hereinafter “the instant trust agreement”) with the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and completed the registration of ownership transfer on May 13, 2005 due to the instant trust agreement.

Article 9(1) of the Trust Contract of this case provides that “A truster shall actually continue to possess and use the trusted real estate, and shall bear the actual management activities, such as preservation, maintenance, repair, etc. of the trusted real estate, and all the expenses incurred therein.”

C. 1) The Defendant held the general meeting of this case on September 11, 2005 (hereinafter “instant general meeting”).

The minutes of the Assembly held (No. 9-2, hereinafter referred to as “the minutes of this case”).

Of the total floor area of this case 10,330.23 square meters (34,149.53 square meters), 9,207.04 square meters (2,068.22, 7,138.82 square meters) and 313 persons among the buyers of the instant commercial buildings and 476 persons.