1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the Plaintiff’s representative.

1. The lawsuit of this case against the defense of this case is unlawful as brought by C without the power of representation.

2.The following facts may be acknowledged, either in the absence of dispute between the parties or in the entry of Gap evidence 1, Eul evidence 6 to 12, by integrating the purpose of all pleadings:

① The Plaintiff is a non-corporate association established with building owners and lessees as its members for the efficient operation, maintenance, management, etc. of Busan Jung-gu A commercial building (hereinafter “instant commercial building”).

The Defendant is a sectional owner who runs a business with the trade name of “H” when the store is used together with D, E, F, and G stores of the instant commercial building.

Article 5 (Members) The members of the regular meeting shall be the owners and lessees of the commercial buildings.

Article 8 (Executives) The Subdivision shall have the following officers:

1. Five operating members (one chairperson, two vice-chairpersons, two auditors) shall be elected by recommendation or voting at least half of the members;

Article 13 (Regular Sessions)

1. The ordinary general meeting shall be held at the beginning of December each year;

2.The following matters shall be decided at an ordinary general meeting:

- One president, two vice presidents, and matters concerning the election of two auditors, Article 15 – All meetings shall be duly formed with attendance of more than a majority of the members, and shall be decided with the affirmative vote of more than a majority of the members present.

- The chair shall decide on the number of votes cast during the meeting.

② The Plaintiff’s current articles of incorporation was amended through an extraordinary general meeting on August 2009, and the main contents of the articles of incorporation are as follows.

③ At around December 2009, I, while serving as the president of the Plaintiff, retired from office.

④ As the representative of the Plaintiff, C filed the instant lawsuit.

⑤ According to the articles of incorporation on September 21, 2017, the Defendant pending the instant lawsuit, on the ground that C did not hold a general meeting for the election of the president and auditors after I resigned from the Defendant’s office in around 2009, while the president and auditor were elected with the attendance of a majority of the members and with the consent of a majority of the members present at the general meeting.