1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:
1. Basic facts
A. A. On June 1994, at the Seongbuk-gu Seoul Metropolitan Government D ground, the three floors underground and nine floors above the ground of reinforced concrete building, which were newly constructed. Of the above buildings, the third and fourth floors above the ground are divided into the commercial parts (hereinafter “instant commercial parts”) and the third and nine floors above the ground into the apartment parts.
The registration of preservation of ownership was completed on June 30, 1994 with respect to the portion of the commercial building of this case (area 7,418.63 square meters), as shown in the list of real estate attached hereto, and the store owners who purchased 108 stores located in the portion of the commercial building of this case thereafter completed the registration of transfer of each of the relevant co-ownership shares.
B. On June 22, 2001, co-owners of the instant commercial building established the F Management Body (hereinafter “former Management Body”) and had it take charge of the management of the instant commercial building portion. G around that time elected as the first manager representing the previous Management Body, and from August 15, 2001, he had K Co., Ltd. (hereinafter “K”) who was the representative director perform the specific management of the instant commercial building portion.
On April 26, 2002, Defendant B was appointed as a custodian at the second general meeting of the previous management organization of this case. The previous management organization of this case signed a building management service contract with K on June 30, 2002, with the name of Defendant B, and had K perform the management work of the commercial area of this case from August 1, 2002 to August 1, 2004.
C. From among the co-owners of the instant commercial building around October 2003, 28, including Defendant C, were notified to other co-owners to convene a management body meeting on November 2, 2003 in order to appoint a manager under the Act on Ownership and Management of Condominium Buildings with respect to the instant commercial building. The part of the instant commercial building, which was called as above, was called on November 2, 2003.