1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the representative C.

1. The gist of the Plaintiff’s assertion is that the Defendant received Nice Business Fees and Leson’s expenses in Daegu Jung-gu apartment complex management, and embezzled them as profits for the Plaintiff, but did not treat them as profits for the Plaintiff. Only the amount of the electricity charges for lighting the Nice Business at will, paid, did not pay the remainder, and caused damages to the Plaintiff by using pipes connected to the Nice Water Supply System without permission, and thus, the Defendant was obligated to compensate the Plaintiff for KRW 50,000,000, which is part of the said damages.

2. Determination as to the legitimacy of the instant lawsuit

A. C, the representative of the Defendant’s main defense, filed the instant lawsuit without a resolution of the council of occupants’ representatives regarding the instant lawsuit.

Therefore, the instant lawsuit is unlawful as it was filed by the Plaintiff’s representative without legitimate authorization on the filing of the lawsuit.

B. The judgment constitutes a non-corporate company under the Civil Act. The non-corporate company's non-corporate company's lawsuit concerning the claim and obligation of the non-corporate company which belongs to the quasi-corporate group shall undergo a resolution of the general meeting, such as the council of occupants' representatives, pursuant to Article 276(1) of the Civil Act, unless otherwise stipulated in its articles of incorporation or its rules, etc.

(See Supreme Court Decisions 200Da10246 Decided May 29, 2001, 201; 2010Da97044 Decided July 28, 201, etc.). The instant lawsuit is seeking performance of the liability for damages on the ground that the Plaintiff embezzled the operating profits of the tennis in the apartment complex, which is collective ownership of the Plaintiff, and thus, the Plaintiff, a non-corporate body, in filing a lawsuit under its name, must undergo a resolution of the council of occupants’ representatives unless there are special circumstances. In this case, the Plaintiff’s lawsuit is subject to the resolution of the council of occupants’ representatives without the resolution of the council of occupants’ representatives.