1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Plaintiff is an organization consisting of sectional owners of “A award” in Seoul Special Metropolitan City, Nowon-gu (hereinafter “A award”).

B. On the other hand, the “A shopping mall” (hereinafter referred to as the “A shopping mall”) was established for the purpose of the development, management and operation of the said shopping mall by designating the sectional owners and lessees of the A shopping mall as its members. The Plaintiff also has the nature of the shopping mall and the management body under the Act on the Ownership and Management of Aggregate Buildings. Accordingly, the Plaintiff’s representative was referred to as the “the president of the A shopping mall and the manager” or the “chairperson of the management body.”

C. The Defendant is the representative of the “H church”, a sectional owner of No. 408 of the fourth floor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was made by the Defendant, around October 2002, who was appointed as the president and the manager of the shopping mall, and around October 2004, the Plaintiff exercised de facto authority over the Plaintiff’s custodian’s failure to appoint for a long time while his term of office expires, and occupied the goods listed in the attached Table in the process.

Accordingly, the Plaintiff’s resolution to appoint G as a manager at the managing body’s meeting on March 1, 2016 (hereinafter “the first resolution”) was adopted and a resolution to re-election G as a manager at the managing body’s meeting on June 30, 2018 (hereinafter “the second resolution”), but the Defendant did not comply with the Plaintiff’s legitimate request to transfer the goods listed in the attached list until now.

Therefore, the Plaintiff seeks delivery of the goods listed in the separate sheet in the separate sheet that is illegally occupied by the Defendant.

B. Defendant’s assertion 1) The instant lawsuit is unlawful as it is filed by a person without the Plaintiff’s power of representation. 2) The Defendant forced the goods listed in the separate sheet by G.