1. The judgment of the first instance, including the Defendant-Counterclaim Plaintiff’s counterclaim claim expanded from the trial, is as follows.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff Association is a housing reconstruction association which obtained authorization for the establishment of a housing association from the head of Dongdaemun-gu Seoul Metropolitan Government on August 20, 202 after re-building resolution on April 27, 2002 to implement a reconstruction project on the ground of Dongdaemun-gu Seoul Metropolitan Government C.

B. On August 19, 2004, the Plaintiff Cooperative established a management and disposition plan (hereinafter “the first management and disposition plan”) by holding an extraordinary general meeting on November 20, 2004 after obtaining authorization for the implementation of the project from the head of Dongdaemun-gu Office, following the public announcement of sale in lots and the procedures for application for parcelling-out, etc., and obtained authorization from the head of Dongdaemun-gu on January 7, 2005 from the head of the management and disposition plan.

The reconstruction work commenced on March 18, 2005 and completed on August 14, 2007.

(Newly constructed buildings are D apartment and commercial buildings, and only the following commercial buildings are referred to as “instant commercial buildings”:

As the owner of the instant commercial building No. 203 and 204, the Defendant, from May 2008, managed the entire commercial building of this case from around May 2008, divided general management expenses incurred in relation to the management and operation of the instant commercial building in the name of “I management office B,” and divided general management expenses, common electricity charges, and common water supply and sewerage charges in proportion to the exclusive use area of each sectional owner.

On the other hand, some of the members filed a lawsuit against the Plaintiff Union seeking confirmation of invalidity of the first management and disposal plan (Seoul Administrative Court 2007Guhap36374), and the Seoul Administrative Court rendered on November 21, 2008 rendered a judgment that the management and disposal plan is null and void due to significant and objective apparent defects, and both appeals filed by the Plaintiff Union (Seoul High Court 2009Nu43) and appeals filed by the Plaintiff Union (Supreme Court 2010Du4407) were dismissed, and the above judgment became final and conclusive on December 9, 2010.

E. On January 15, 2012, the Plaintiff Union held an extraordinary general meeting to re-establish a management and disposal plan and re-decides the plan to re-establish it, including commercial buildings.