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. Determination on this safety defense

A. As to the plaintiff's party ability and his representative's principal safety defense, the defendant does not legally form a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act"), and both C and D, which the plaintiff is a new representative during the proceeding of the lawsuit of this case, are not a management body duly elected under the Aggregate Buildings Act, and therefore, the plaintiff is not a management body duly elected under the Aggregate Buildings Act. Thus, the lawsuit of this case is unlawful, since C and D do not have the right of representation as the plaintiff's representative.

(2) The management body under Article 23 (1) of the Aggregate Buildings Act is not an organization established only through an organizational act, but an organization established by sectional ownership as a matter of course in the event that there is a building established by sectional ownership. Thus, if the sale of an aggregate building is commenced and the necessity for joint management arises due to the occupancy of an aggregate building, a management body is established with all sectional owners, including sectional owners in the unsold section of exclusive ownership at the time of the sale of the aggregate building.

Meanwhile, Article 41 (1) of the Aggregate Buildings Act provides that "if there exists an agreement in writing with the sectional owners and voting rights for the matters determined to be resolved at the management body meeting, it shall be deemed that there exists a resolution by the management body meeting." Article 24 (2) of the Aggregate Buildings Act provides that a resolution by the management body meeting for the appointment of a manager shall be adopted at the management body meeting. Thus, it is possible to adopt a written resolution under Article 41 (1) of the Aggregate Buildings Act, and such written resolution is to be treated the same as a resolution by the management body meeting without holding the management body meeting, and thus, it makes such written resolution.