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1.The judgment of the first instance shall be modified as follows:
Seoul Central District Court 201. 8. 7 August 2012, 2012 201.
Reasons
1. Basic facts
A. A. A lease contract between a sectional owner and the Plaintiff 1) C building is a “Act on Ownership and Management of Condominium Buildings” constructed on a parcel outside B and 7, Jung-gu, Seoul. (hereinafter “Aggregate Buildings Act”).
(2) The above building is an aggregate building (hereinafter referred to as the “instant building”).
As to the instant building, not only the management body of the entire building of this case under the Act on the Ownership and Management of Aggregate Buildings (limited meaning) but also the management body of each floor of this case, which is a voluntary organization established for the purpose of coordinating mutual interests among sectional owners and smooth operation and appearance of commercial buildings, was organized and operated (hereinafter the above management body of the entire building and the management body of each floor as well as the management body of the building of this case).
(2) On February 18, 2011, the Plaintiff entered into a lease agreement with the representative of the management body of the fourth floor who acts for the owner of the fourth floor among the instant building on behalf of the owner of the fourth floor; on February 19, 2011, between the representative of the management body of the third floor who acts for the owner of the third floor among the instant building and the representative of the management body of the third floor who acts for the owner of the third floor among the instant building; on February 22, 2011, between the representative of the management body of the first floor who acts for the owner of the first floor among the instant building and the representative of the management body of the second floor who acts for the owner of the second floor on behalf of the owner of the sectional owner; on May 2, 2011, between the representative of the management body of the second floor who acts on behalf of the owner of the sectional owner of the second floor among the instant building.
(C) The Plaintiff entered into a lease agreement with D, the head of the overall management group of the instant building, on March 24, 201, under which each of the above lease agreements was entered into on the following grounds: (a) the Plaintiff entered into a lease agreement with D, the head of the overall management group of the instant building on March 24, 201: (b) the second to fourth above ground level of the instant building; and (c) the Plaintiff entered into an individual contract with the representative of the management body of each of the instant floors.