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. The plaintiff's assertion

A. The Plaintiff is an autonomous council composed of occupants of a building A with a total of 122 households located on the ground C in Jeju Island (hereinafter “instant building”).

B. On August 1, 2016, E, the representative of the “A Building Steering Committee”, employed the Defendant as the head of the management office of the instant building.

On April 22, 2017, the plaintiff decided to dismiss the defendant on the ground that E is not the chairperson of the council of occupants' representatives, and the above employment contract is invalid because E is not the chairperson of the council of occupants' representatives.

C. Therefore, the Defendant, the head of the management office, is obligated to deliver the instant management office to the Plaintiff.

2. Determination

A. In the aggregate building, where a third party illegally occupies the site or attached facilities of the building that belongs to the common area or the common area, or the common area of sectional owners, the legal relationship between the exclusion of disturbance and the return of unjust enrichment or the claim for damages against the third party is not based on the co-ownership right such as common area, etc., which is not the legal relationship which belongs to the group of sectional owners, and thus, the lawsuit can be instituted first by the sectional owners, respectively or collectively. Furthermore, if the sectional ownership relation is established with respect to the aggregate building, a management body which is an organization with the objective of implementing matters concerning the management of the building and its site and attached facilities as all sectional owners, the manager may act on behalf of the management body in connection with the business execution, on behalf of the management body

(See Supreme Court Decision 2003Da17774 delivered on June 24, 2003). If a managing body is an organization composed of sectional owners and conforms to the purport of Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”), it is its form of existence.