1. The plaintiff's appeal is dismissed.

2. The costs of appeal are borne by F, expressed as the representative of the Plaintiff.

purport, purport, and.

1. Basic facts

A. In accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Plaintiff is a management body comprised of sectional owners of five underground floors in Jung-gu, Seoul and 12 apartment buildings “AB shopping mall” (hereinafter “the instant commercial building”), and the Defendant is a sectional owner of the first floor of the instant commercial building No. 1127 square meters (7.43 square meters of the exclusive ownership area) and No. 2176 (3.96 square meters of the exclusive ownership area) among the instant commercial buildings.

B. The F brought the instant lawsuit on behalf of the Plaintiff against the Defendant for the monthly membership fee of the instant commercial building, and the first instance court dismissed the instant lawsuit to the effect that the F did not have the right to represent the Plaintiff, and charged F with the costs of lawsuit.

C. However, the court of the first instance prior to the remanded case revoked the first instance judgment, and further accepted part of the Plaintiff’s claim for monthly membership fee after examining the merits.

The representative F of the plaintiff was appointed based on the inaugural general meeting, special general meeting, and written resolution that did not have any quorum required for the appointment of the representative of the management body under the Act on the Ownership and Management of Aggregate Buildings.

However, in light of the principle of collective autonomy, F can be the representative of a private organization, which is the plaintiff, "A Management Body (AO shopping mall Operation Association)," and the members who agreed to the rules of the private organization and agreed to the rules of the private organization can claim monthly membership fees as stipulated by the rules.

The Plaintiff is an organization established based on the inaugural general meeting, extraordinary general meeting, and written resolution, rather than the status of the management body under the Act on the Ownership and Management of Aggregate Buildings, and is claiming monthly membership fees to the Defendant as part of raising funds for the activation of the commercial building of this case, and securing expenses for the operation and performance of the organization

Therefore, under the premise that the plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings, the defendant's defense that the F is unlawful is not reasonable.