1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The grounds for the judgment of the court of first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance

However, if the judgment of the court of first instance is eight to nine, the following shall be deleted, and the judgment shall be added as follows:

2. Additional determination

A. As seen in the reasoning of the judgment of the court of first instance, with respect to the defects below the quorum of the resolution of the meeting of the management body of this case, the provisions concerning the resolution of the meeting of management body of this case in the management rules of this case concerning the resolution of the resolution of the meeting of management body of this case were not legally changed through the resolution of the meeting of management body of defendant with the consent of not less than 3/4 of sectional owners and not less than 3/4 of voting rights as stipulated in Article 29 (1) of the Aggregate Buildings Act, so in order to elect the defendant's chairperson and vice-chairperson by the resolution of the meeting of management body of this case, the majority of all sectional owners

However, even according to the defendant's assertion, the sectional owners who participated in the resolution of the meeting of the management body of this case are more than 114 persons than 107 persons (at least 1/3 of the total sectional owners) publicly notified as the minimum number equivalent to at least 1/3 of the total sectional owners in the public notice of this case, so the management rules of this case do not considerably exceed the majority of the sectional owners of the building of this case who are stipulated as the quorum for the resolution of the management body meeting of this case.

Therefore, the resolution of the management body meeting of this case is invalid because there is a serious defect in violation of the Aggregate Buildings Act and the management rules of this case.

B. As to the Defendant’s assertion of violation of the good faith principle, “The establishment, alteration, and abolition of regulations shall be done at the management body meeting with the consent of not less than 3/4 of the sectional owners and not less than 3/4 of voting rights” refers to the first sentence of Article 29(1) of the Aggregate Buildings Act in light of its purpose and purport.