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1. The plaintiff's appeal is dismissed.
2. 1,926,800 won extended at the trial and the damages for delay.
Reasons
1. The Plaintiff’s assertion is an organization comprised of sectional owners of the building A in Gwangjin-gu Seoul Special Metropolitan City.
However, when the defendant and the selected person hold office as the representative of the plaintiff management body, they received profits from the driving range of the fourth underground which is common facilities for residents without the consent of the residents.
Nevertheless, the Defendant and the designated parties have a duty to pay the electric charges of KRW 5,452,60, which occurred while operating the driving range from September 2010 to January 2013, since they did not pay the electric charges of KRW 5,452,60.
2. As to the above argument of the plaintiff as to whether C is a legitimate representative of the plaintiff, the defendant asserts that C is unlawful since C is not a legitimate representative of the plaintiff, and the lawsuit of this case filed by C on behalf of the plaintiff is not a legitimate representative of the plaintiff.
A. Fact 1) The defendant was elected as the second representative of the plaintiff management body. The defendant reported the person who was appointed as the wife as the representative, and the actual activity was carried out by the defendant.
B) The Defendant’s term of office was until September 1, 2010. In order to organize the next managing body, the Plaintiff managing body publicly announced the registration of members of the Election Commission to take charge of the election of managing body members on March 13, 2012, and publicly announced the registration period from April 27, 2012 to May 3, 2012; c) an election commission was organized to take charge of the election of managing body members on April 27, 2012; on May 25, 2012, an extraordinary meeting for the election of managing body members was held on June 20: 1, 2012, which was held, and then announced that C, etc. was elected as a management unit, but the special meeting was held on June 20: 21, 2012, which became invalid as the management unit of the managing body’s members on June 1, 2012.