1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. The reasoning for this part of the court’s reasoning is the same as that of “1. Basic Facts” in the third part of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Resolution of the first general meeting of this case

A. According to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), a management body meeting may be convened at the request of a manager or a manager, or at the request of a sectional owner, if no manager or manager exists.

(Article 33) The defendant asserts that LA convened the first general meeting of this case was legally selected and appointed as the manager of the management body of this case through the management body meeting around December 2004.

However, the defendant did not submit the documents related to the above general meeting until this court did not admit L as a legitimate manager of the management body of this case only with the statement of evidence Nos. 1 through 3, and there is no other evidence to acknowledge it.

Therefore, the 1st general meeting of this case is not recognized as a general meeting convened by a legitimate convening authority.

B. The Plaintiffs, whether legitimate resolution has been made, asserted that the resolution of the first general meeting of this case is null and void, since M was in violation of Article 15(2) of the Enforcement Decree of the Aggregate Buildings Act (where one representative represents several sectional owners, the majority of sectional owners or the majority of voting rights shall not be represented) by 89 voting rights among sectional owners.

According to the statement in Gap evidence No. 1, M was delegated by 69 persons (the voting area 1,553.08 square meters, 37%) among 155 sectional owners at the time of the instant 1st general meeting. L is delegated by 20 persons (the voting area 465.49 square meters, 12%) among 155 sectional owners. However, L is sub-entrusted to M with the voting right delegated as above while attending the instant 1 general meeting, and M is eventually re-entrusted to M., 89 persons among 155 sectional owners.