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. Facts of recognition;

A. The Plaintiff is a management body established for the purpose of managing A, which is an aggregate building on land outside Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Defendant is a sectional owner under subparagraph 101 of the underground floor among the instant building (hereinafter “instant store”).

B. The management expenses and arrears related to the instant store from October 2012 to July 2014, 2014 are 14,958,327 won in total (i.e., management expenses in arrears up to January 2015, 2006,298 won in arrears and 2,006,298 won in arrears and hereinafter “management expenses in this case”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 17, Gap evidence 19-1 through 21, Gap evidence 20-1, the purport of whole pleadings

2. Determination on this safety defense

A. As to the assertion on the invalidity, etc. of management rules, the Defendant asserts to the purport that the instant lawsuit seeking payment of delinquent management fees, etc. based on the invalid management rules is unlawful, because the Plaintiff’s establishment and the enactment of management rules by the Plaintiff, a management body, failed to satisfy the resolution requirements stipulated in the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”). The management rules provide that lessees of the instant building may become members and officers of the Plaintiff. As such, the instant lawsuit seeking payment of delinquent management fees, etc. is unlawful.

A management body under Article 23 (1) of the Aggregate Buildings Act is not an organization established only through an organizational act, but if there is a building which is established as a sectional ownership, it is naturally an organization formed by all sectional owners. If an organization composed of sectional owners and meets the purport of Article 23 (1) of the same Act, it can play a role as a management body regardless of its existence form or name. Even if it is a management body composed of sectional owners and persons who are not sectional owners, it can play a role as a management body.