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. Facts of recognition;

A. Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings, the Plaintiff is a management body established by consisting of sectional owners of Atel located in Seongbuk-gu, Sungnam-si (hereinafter “instant officetel”), and the Defendant was a company that leased the instant officetel No. 4 by September 7, 2015.

B. Article 22(2) and (3) of the Management Rules of the Officetel of this case provides that “the occupants and users shall pay the management expenses, etc. notified each month within the designated place and time limit for payment, and if the occupants and users are replaced, if there is any overdue management expenses already incurred, they shall be arranged by the prospective occupants, and when reorganization is not performed, the sectional owners shall adjust them.”

C. The Plaintiff imposed KRW 4,696,500 in total and KRW 709,320 in accordance with the management rules to the Defendant from July 2013 to September 2015, but did not pay the same.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 8, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The instant lawsuit brought by a person without the power of representation is unlawful, inasmuch as E, who was the Plaintiff’s manager of the Defendant’s defense, resigned on October 1, 2014, and thereafter F, was appointed as a new manager.

B. According to the respective statements in Gap evidence Nos. 9, 11 through 13, 15, and Eul evidence No. 1, Eul resigned from the management office on November 1, 2014, but at the management body meeting held on March 30, 2017, 39 persons, including 39 persons who submitted the power of attorney among the total sectional owners (2,930,38m2) and 46 persons (2,190m2 of a full-time area), including 7 persons who actually participated in voting, and passed a resolution to appoint Eul as a management officer with the consent of all participants who participated in voting. G, who is the sectional owner of the instant officetel, applied for a provisional disposition demanding the suspension of the performance of duties by the management officer under the Sungwon-nam Branch Branch of the Suwon District Court under 2017Kahap81, Dec. 3, 2017.