1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit of this case is dismissed.

3. The total cost of the lawsuit is the representative of the plaintiff.

1. Facts of recognition;

A. Bluco Co., Ltd. (hereinafter “execution company”) is a company that newly constructs and sells A shopping mall, which is an aggregate building of 5 underground floors and 12 floors above ground, on the E-owned land in Jung-gu, Seoul, and the Defendant is a sectional owner of 4160 square meters among the instant commercial buildings (3.98 square meters of the area of the exclusively owned land).

B. On July 22, 2006, the Preparatory Committee for the Operation of the A shopping mall held an inaugural general meeting of the A shopping mall in the third floor of the Jongno-gu Seoul F Center (hereinafter “instant inaugural general meeting”). According to the minutes prepared after the above inaugural general meeting, the Plaintiff was established by 675 buyers at the above inaugural general meeting, and C was elected as the chairperson of the Plaintiff.

C. Meanwhile, the total store of the instant commercial building is 1,615 square meters, the total area subject to sale is 11,680.86 square meters. 861 stores sold at the time of the instant inaugural general meeting, the area sold is 5,706.28 square meters, and 754 unsold stores are 754 square meters, and the unsold area is 5,974 square meters.

On February 3, 2006, before the inaugural general meeting of this case was held, the executor entered into a trust agreement with the Korea Asset Trust Co., Ltd. (hereinafter referred to as the "Korea Asset Trust") for the period of trust with fixing the period of trust as three years from the date of registration of trust, and completed the registration of transfer of ownership with respect to the unsold stores in Korea Asset Trust.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1 through 78 (including partial number; hereinafter the same shall apply) and the purport of whole pleadings

2. The Plaintiff’s assertion ① A management body composed of sectional owners of the instant commercial building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), and C is a person appointed as a manager at the instant inaugural general meeting of shareholders pursuant to Article 24 of the Act on the Ownership and Management of Aggregate Buildings. A management body under the Act on the Ownership and Management of Aggregate Buildings is legitimate.