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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a sectional owner who owns the 4/139.304 shares of the 4th floor G-4/139.304 shares of the 4th floor in Daejeon U.S. F (hereinafter “instant shopping mall”). The co-Plaintiff B of the first instance is a sectional owner of the 4th floor H of the instant shopping mall.
The defendant is an organization with the aim of business activities, such as the maintenance and repair of the commercial building and its appurtenant facilities, and the imposition and collection of management expenses and repair allowances.
The Defendant externally used the name of “C Commercial Building Management Committee”, “C General Management Committee”, “C Management Committee”, etc.
B. On February 6, 2014, the provisional committee resolution and related case No. 1) on February 6, 2014, the Defendant passed a resolution to appoint I as the president of the Defendant’s temporary committee as the representative on February 6, 2014. Around May 2014, J, K, and L, the sectional owners of the instant commercial building, filed an application for suspension of the performance of duties and a provisional disposition to appoint an acting representative ( Daejeon District Court 2014Kahap251) with the Daejeon District Court for provisional disposition (Seoul District Court 2014.9. 2) on September 29, 2014, the Daejeon District Court decided to temporarily dismiss the Defendant’s acting representative as the president of the Defendant’s acting representative on April 27, 2015, on the ground that the Defendant failed to comply with the order to pay remunerations on July 15, 2015, and that the Defendant dismissed the Defendant’s acting representative on July 28, 2015.
C. On July 31, 2015, the resolution of the special general meeting and the related case No. 1 E, on July 30, 2015, announced the following as the case of “the appointment of an acting representative of the representative of the shopping management body on July 31, 2015,” etc. The Defendant’s management member appears to combine the name of “operating member” with the Defendant’s representative by the Defendant’s floor.
Each of them was convened by E on July 31, 2015, which was held in accordance with the foregoing notices.