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1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.
2. The appeal costs and the claims in the trial.
Reasons
1. Basic facts
A. On June 30, 1994, the building of 3rd underground and 9th ground level (hereinafter “instant building”) was newly constructed on the Seongbuk-gu Seoul D ground. Of the above building, the part of 3rd and 4th above ground level (hereinafter “instant commercial building”) was divided into 7,418.63 square meters in size into 7,418.63 independent commercial building, and the registration of preservation of ownership was completed on June 30, 1994. After which 108 stores located on the instant commercial building, the owners of stores who purchased 108 stores in the instant commercial building have completed the registration of transfer of each share of co-ownership as to the above commercial building.
B. On June 22, 2001, co-owners of the instant shopping district established the F Management Body (hereinafter “instant management body”) and had it take charge of the management of the said shopping district. G around that time elected as the first manager representing the instant management body, and Defendant B appointed as the manager at the second general meeting of the management body of the instant management body on April 26, 2002.
Of the co-owners of the instant commercial part, 28 persons, including Defendant C, among the co-owners of the said commercial part, were notified that the management body meeting under the said Act was convened on November 2, 2003 to appoint a manager under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”). On November 2, 2003, the Defendant C was elected as the manager representing the management body of the instant commercial part with the consent of 5,211.73 square meters (hereinafter “the instant assembly”) in total in co-ownership at the assembly of the co-owners of the instant commercial part (hereinafter “the instant assembly”).
C. Meanwhile, on October 11, 2001, H Co., Ltd. (hereinafter “H”) established by co-owners of the instant commercial areas became a “large store founder” under the Distribution Industry Development Act, and the Defendants.