The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court determined that it is difficult to view that the Plaintiff constituted a management body for partial common areas under Article 23 (2) of the Aggregate Buildings Act by setting up regulations for the management of partial common areas provided only to the owners of the instant commercial buildings, in view of the following: (a) the articles of incorporation of the Plaintiff (Counterclaim Defendant; hereinafter referred to as the “Plaintiff”) is not established with the consent of at least 3/4 of sectional owners and voting rights, which are the procedures for establishing management body for partial common areas under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Aggregate Buildings”); and (b) the content of the bylaws in this case does not expressly state that the Plaintiff is the management body for partial common areas, which is

Furthermore, the court below held that, in the case of a main complex building where an apartment building and a commercial building are structurally separated, the management body of each part of the apartment building should be separately established. It is more appropriate to calculate management expenses and adjust interests, and it conforms to the legislative intent of the Act on the Ownership and Management of Aggregate Buildings, which provides a clear management of the unification efficiency and legal relations of the aggregate building," as to the plaintiff's assertion that "if the divided ownership of one aggregate building is established pursuant to Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings, the management body consisting of all the divided owners of the divided ownership is naturally established without the separate establishment procedure, and otherwise, the management body, the purpose of which is to implement the business of managing the partial common area under Article 23 (2) of the Act on the Ownership and Management of Aggregate Buildings, has been established only by the divided owners of the divided owners who jointly own the common area, who set up the regulations under Article 28 (2) of the Act.