1. Revocation of a judgment of the first instance;

2. The plaintiff's claim, including the claim extended in the trial, is all dismissed.

1. Facts of recognition;

A. The Plaintiff is an organization composed of sectional owners and users in order to manage the Ddong A shopping mall (hereinafter “instant shopping mall”) of the Busan Northern-gu Seoul building D, and the Defendant is the owner of the instant shopping mall E.

B. On February 20, 2018, the Plaintiff held an extraordinary general meeting and elected FF as the president of the management body with the consent of 15 of 23 sectional owners.

C. On February 28, 2018, the Plaintiff held an emergency meeting to amend the instant commercial building management rules (hereinafter “instant management rules”) with the consent of 16 persons among 24 sectional owners, and resolved to appoint an executive officer of the management committee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 and 11 through 14, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff: The Defendant, as the owner of the instant commercial building E, did not pay the management expenses from March 2016 to March 2019; thus, the Plaintiff is obligated to pay the management expenses totaling KRW 25,954,870 and delay damages.

B. Defendant: (1) The Plaintiff is an illegal organization that is not a legitimate management body organized according to the procedures stipulated in the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”); and the resolution of the general meeting held on February 20, 2018 and the resolution passed at the general meeting held on February 28, 2018, which were held by the Plaintiff as the Plaintiff’s representative, are null and void due to any defect arising in violation of the convocation procedure and the method of resolution; thus, the instant lawsuit filed without a legitimate representative is unlawful.

② Even if not, at the time when the Defendant purchased the instant shopping mall G, H, and I, the Plaintiff used the instant shopping mall E under the condition that the representative director of the J Co., Ltd., who was a selling company of the instant shopping mall, pays the management expenses under the said subparagraph at low cost (a condition that the said G-I shopping mall management expenses plus the amount of KRW 100,000).

Since purchase has been made, management expenses have been paid every month under such conditions.

2.3