1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons why the trial of basic facts in this part is to be explained are as follows. The reasons why the trial of basic facts in this part is to be used as the "influence" of the judgment of the first instance, and the "founded ground for recognition" of the sixth is as stated in paragraph (1) of the judgment of the first instance, except for adding the "written evidence No. 22" to the "written evidence No. 22", and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. The assertion and judgment

A. Article 23(1) of the Aggregate Buildings Act provides that the Plaintiff is a management body under Article 23(1) of the aforesaid Act, which is merely an organization established voluntarily by E, not a management body under the Aggregate Buildings Act, and that it does not have the authority to collect management expenses. The Defendant is the same management body with the Defendant, and the instant management body is the same management body, and the Defendant has the authority to collect management expenses. (2) Article 23(1) of the Aggregate Buildings Act provides that “If a sectional ownership relationship with respect to the building is established, all sectional owners shall be the management body established for the purpose of the management of the building

Such a management body is an organization established not only through an organization but also through a building on which sectional ownership is established, and is naturally established by all sectional owners as members.

(See Supreme Court Decision 201Da4985 Decided March 28, 2013, etc.). The following circumstances are comprehensively taken into account the evidence and the facts acknowledged earlier, namely, ① the instant commercial building was a management body established automatically by all sectional owners pursuant to Article 23(1) of the Aggregate Buildings Act. ② Nevertheless, E arbitrarily establishes the Defendant without undergoing procedures such as a management body meeting or a board of directors as stipulated in the management rules of the instant management body, and ③ E is a decision as seen earlier.