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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is the management partnership of the PS only in the original city PP Complex (hereinafter “instant PP complex”), and the Defendants are the business owners or commercial building owners occupying the said complex.
B. The Defendants were a member of the Plaintiff Union, but thereafter, the Defendants’ withdrawal from the Plaintiff Union followed the Defendants’ establishment of the management body on April 1, 2014 to separately manage the Defendants’ commercial areas.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 to 3 (including paper numbers), the purport of the whole pleadings
2. Determination
A. (1) The Plaintiff’s assertion 1) The Defendants, while moving into the instant P Complex and doing business, pay monthly management expenses to the Plaintiff pursuant to the Commercial Building Management Rules. However, on June 30, 2015, the payment of management expenses as stated in the claim amount as of June 30, 2015 is overdue. The Plaintiff is the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).
(2) The management body under Article 23(1) of the Multi-unit Building Act is not an organization established only through a organizational act, but an organization established by sectional ownership as a member of all sectional owners. Thus, when a collective management is established due to the commencement of the sale of an aggregate building and the commencement of occupancy, a management body consisting of all sectional owners, including sectional owners of the unsold section of exclusive ownership at that time, is established.
The manager under the Act on the Ownership and Management of Aggregate Buildings is appointed by a resolution of the management body meeting or 4.5 of sectional owners.