1. The plaintiff's appeal is dismissed.

2. The lawsuit for the part of the claim expanded in the trial shall be dismissed; and

3. Appeal.

1. Basic facts

A. On December 5, 1978, the Gangnam-gu Seoul Metropolitan Government D ground a commercial building comprised of the first underground floor, the third floor, and the rooftop floor (hereinafter “instant condominium building”) that was approved for use on December 5, 1978 exists.

B. A self-government management management and operation rules (hereinafter “instant management rules”) which set forth matters concerning the management or use of the instant condominium building (hereinafter “instant management rules”) were enacted on October 10, 2003, respectively, and were amended on October 30, 2013, May 9, 2014, and December 11, 2015.

C. The main contents of the instant management rules are as follows.

Article 5 (Representative Committee) A Representative Committee shall be established as a cooperative organization to efficiently maintain and operate the objectives of this meeting.

Article 6 (Organization and Functions of Representative Committee) (1) The Representative Committee shall organize a Representative Committee by selecting (or appointing one representative member if a member is one) two members on each floor (one member), and shall perform the functions of the Commercial Building Management Committee as an important decision-making body at this meeting, and shall deliberate and decide on the affairs referred to in Article 10.

Article 9 (Election of President/Manager) (1) The Representative Committee shall elect the chairman who will represent the meeting, and the chairman shall be the chairman of the Representative Committee and the legal representative of the Management Body of the Commercial Building.

Article 10 (Duties of Representative Committee) In order to achieve the objectives of this meeting, the Representative Committee shall pass and implement the following resolutions:

1. The method of making and amending Article 11 (Method of Resolution) (1) of the enactment and amendment of the regulations necessary for the formulation and operation of the regulations of the Autonomous Management and Operation Committee of the Commercial Building (including a written resolution) with the consent of at least 2/3 of all the representative members present.

(2) The resolution of a general meeting shall be adopted with the attendance of a majority and the affirmative vote of a majority of those present at the incumbent members and compulsory members.

Provided, That in the case of a factory room (including warehouse use), it shall be excluded from the total number of registered members.

In addition, if the representative members of each floor are selected, it shall be made by means of written resolution, but a factory room shall be held.