1. The Defendant paid KRW 67,656,246 to the Plaintiff KRW 5% per annum from January 22, 2013 to April 2, 2013.

1. The fact of recognition is that the defendant is a sectional owner of the 2, 3, and 4th floor of "A" (hereinafter referred to as "the aggregate building in this case"), which is an aggregate building on the 4th floor outside Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the plaintiff is a management body of the aggregate building in this case.

[Ground of recognition] A without dispute, entry of Gap evidence 1, purport of whole pleading

2. The assertion and judgment

A. Under the premise that the Plaintiff is a managing body under the Act on the Ownership and Management of Aggregate Buildings for the Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Defendant asserts that the Plaintiff is not a legitimate managing body, or that E does not have the Plaintiff’s power of representation.

The management body of Article 23 (1) of the Do governor Judgment on Aggregate Buildings Act is not an organization established only through any organizational action, but an organization established by sectional ownership relationship, as a matter of course, if there is a building established by sectional ownership relationship, all sectional owners. Thus, there is no procedure necessary for the formation of

(see, e.g., Supreme Court Decision 2006Da3340, Dec. 8, 2006). Also, the method of appointing a representative of a management body (which is distinguishable from an “manager” under Article 24(2) of the Multi-Family Building Act) is not expressly stipulated in the Multi-Family Building Act. Thus, in principle, it should be determined by the management rules, but if there is no effective management rules as seen later, it should be appointed at the meeting of the management body.

In light of the purport of the argument as to the instant case’s health room, evidence No. 22-1 and evidence No. 2, the sectional owners of the instant condominiums shall be the representative of each floor, and E shall be the president, with the notice of convening a temporary management body on March 23, 201, on March 30, 201, on the convocation of a temporary management body on the second floor F, 3 G, 4 H, 5 E, 6 I, 7th J, 8th class K, 9th class K, 9th class L, and 1st underground floor M attending the meeting.