1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. From around 2005, the Plaintiff’s assertion had been appointed as the manager of Seosan-si E Apartment (hereinafter “instant apartment”), and on July 23, 2015, the Plaintiff was elected as the manager and the managing director at the special meeting of the instant apartment management body.

Therefore, Defendant B, among the Plaintiff’s absence, shall refund the management expenses collected by Defendant B from the occupants of the apartment in this case as management of the affairs of the Plaintiff, and the management expenses collected without authority. Defendant C and D, a sectional owner of a part of the apartment in this case, should pay to the Plaintiff each unpaid management expenses (the part paid to Defendant B is jointly and severally with Defendant B).

2. Determination on the defense prior to the merits

A. The Defendants asserted that the lawsuit of this case filed by the Plaintiff is unlawful, since they did not have been elected as legitimate administrators of the apartment of this case, and even if they were elected as family administrators, in light of the Plaintiff’s credit standing and the incidental nature thereof, the occupants cannot trust the Plaintiff, and thus, the lawsuit of this case filed by the Plaintiff is unlawful.

B. In a lawsuit for performance of judgment, a person who asserts that he/she is the person entitled to exercise the standing to sue and has the standing to sue as the person responsible for performance, and the original defendant is not required to be the person in charge of performance or the person responsible for performance, so the above assertion by the Defendants

3. Comprehensively taking account of the description of evidence No. 1 and the purport of the entire pleadings as to the merits, it is recognized that the instant apartment management body made a resolution to appoint the Plaintiff as the chief executive officer on July 23, 2015 (hereinafter “instant general meeting”) at an extraordinary general meeting, which held “the appointment of the chief executive officer, the determination of the monthly salary of the chief executive officer, and the delegation of the authority to employ employees by the chief executive officer, etc.” as an agenda item, and to set the monthly salary at KRW 2.7 million, and to delegate the authority to employ employees to the chief executive office (hereinafter “instant resolution”).

(b).