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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against B who is represented by the plaintiff.
Reasons
1. Judgment on the defendant's main defense
A. The Defendant’s assertion (1) B, etc. tried to hold an assembly for the composition of the management body and the enactment of the management rules (hereinafter “eight-month assembly”) on August 30, 2014, but did not meet the quorum, and subsequently, held a meeting again on January 10, 2015 (hereinafter “instant assembly”) and elected B as the Plaintiff’s representative manager.
(2) Even though 123 of the sectional owners who did not actually attend the instant assembly and submitted the power of attorney for the assembly in August, B, etc. submitted only the power of attorney for the assembly, the assembly in this case was invalidated because it was useful for the instant assembly to meet the quorum. Thus, the Plaintiff’s representative B did not have the authority to represent the Plaintiff.
B. The facts of recognition B, etc. tried to hold a meeting in August for the composition of the management body and the enactment of the management rules, but failed to meet the quorum, and thus, did not reach the meeting. In the meeting of this case, 310 of the total number of sectional owners (282 persons holding voting rights by delegation of 28 persons present), 26,622.79 square meters of the total area of 49,908.43 square meters (53 percent of the total area) and elected B as the representative of the plaintiff. Of the power of delegation submitted at the meeting of this case, 123 sectional owners, who submitted the power of delegation on or before August 30, 2014, are not in dispute between the parties or may be recognized by comprehensively taking into account each entry in the evidence under subparagraphs 5 through 8 (including the serial number) and the overall purport of pleadings.
C. However, the quorum of the instant assembly is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings").
In relation to the majority of sectional owners prescribed in Article 38 (1) and whether each sectional owner satisfies the requirements for a majority of voting rights according to the ratio of the size of each section for exclusive use.