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1.The judgment of the first instance court shall be modified upon a request for change in exchange at the trial as follows:
The defendant.
Reasons
1. The basic facts of the claim (1) the commercial name “D”, the commercial name “D”, the apartment building of Busan Jin-gu and 2 lots, the 6 to 8th above ground, the total floor area of approximately 88,700 square meters, sales and business facilities, cultural facilities, etc., the 1,100 partitioned buildings
G. hereinafter referred to as “instant commercial building”).
(2) After the completion of the instant commercial building, the management body consisting of all sectional owners of the building [the management body is not an organization formed by any organization, but an organization consisting of all sectional owners of the building that is constituted by sectional ownership as a matter of course, and is formed by the members of sectional owners of the building that is constituted by sectional ownership.
(See Supreme Court Decision 94Da27199 delivered on August 23, 1996, etc.) an organization with the substance of the commercial building was not active or active. Nonparty F, who appears to be the owner of the commercial building of this case, actually managed the commercial building of this case. Around November 2005, there was a vacancy in the management of the commercial building of this case due to the failure of the company of this case, and thereafter, some of the shop occupants of this case called a meeting to appoint a manager, but failed to appoint a manager. Meanwhile, among the sectional owners of the first to fourth and fourth floors and lessees of the commercial building of this case, the D commercial association (hereinafter referred to as the “instant prosperity”).
A) On April 11, 2006, the business registration was made at the competent tax office. Since then, the instant prosperity had been carried out, in consultation with some other sectional owners who are not its members, the management of the instant commercial building, such as the collection of management fees. (3) Some of the members of the instant prosperity meetings held on October 28, 2009 and December 9, 2009, at the meeting of the Defendant (the Defendant owns a part of the exclusive ownership on the fourth floor of the instant commercial building).
the representative of the instant prosperity.