1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The Plaintiff’s manager G.

1. Basic facts

A. The “A market”, a commercial building-type market, was formed on the first floor and underground floor in Busan Metropolitan Transportation Daegu E (hereinafter “instant commercial building”). The instant commercial building was registered in the collective building ledger with the approval of the use on September 21, 1982.

B. The managing body of the instant commercial building has not been the “A Market Merchant Association” or the “A Market Merchant Association” as the managing body.

C. The Defendants, as married couple, operate a mutually agreed household store “F” in the instant commercial building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 4 through 9, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendants’ assertion: (a) the holding and resolution of the management body meeting (hereinafter “instant assembly”) of the instant commercial building on January 20, 2017 by the Defendants violated the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”); and (b) procedural defect and procedural defect are considerably invalid; (c) G appointed as a manager at the instant assembly was not entitled to represent the Plaintiff; and (d) the requirements for a written resolution on the appointment of a manager were not satisfied.

Therefore, the instant lawsuit is unlawful as it is filed by a person, who is not a legitimate administrator, due to lack of standing to be a party.

(1) If the number of sectional owners is at least ten, the management body shall represent the management body and the manager to execute the affairs of the management body shall be appointed.

(2) The manager shall not be required to be a sectional owner, and his/her term of office shall be determined by regulations within two years.

(3) The manager shall be appointed or dismissed by resolution at managing body's meetings.

Provided, That the regulations shall apply where the appointment or dismissal is determined by a resolution of the management committee under Article 26-2.

(4) A person who occupies the section for exclusive use with consent from sectional owners shall attend a meeting of the managing body under the main sentence of paragraph (3).