1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendants are the defendants.

1. The reasoning of the judgment in this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, it is cited in accordance with the main sentence of Article 420

2. Judgment on the main defense of this case

A. E, which was the representative of the Plaintiff at the time of filing the instant lawsuit by the Defendants, was not elected as a lawful manager of the instant building under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”). Thus, the instant lawsuit was instituted by a person without representative authority.

In addition, the resolution of the management body meeting held on April 29, 2014 by which J was appointed as the manager is null and void since it was convened by an unauthorized person. On November 21, 2014, the management body meeting held that K as the present representative is also null and void due to the procedural defect in setting the notification of convening a notice and the place of resolution, the defect in failing to have the quorum, etc., and thus, the lawsuit in this case is being conducted by a person without legitimate power of representation.

B. According to Article 24 of the Aggregate Buildings Act, a manager, who is the representative of an aggregate building, shall be appointed at a managing body's meeting comprised of all sectional owners. This provision is a mandatory provision, and even if any other provision is enacted, it is not effective (see Supreme Court Decision 2009Da45320, Mar. 29, 2012). 2) In a case where the managing body's meeting, established under Article 23 of the Aggregate Buildings Act, approves the previous resolution at the managing body's meeting again held after the resolution of appointment of executive officers or re-elections the resolution of appointment of executive officers, barring special circumstances such as where the resolution of the managing body's meeting held again becomes invalid due to defects even if the initial resolution of appointment of executive officers is null and void, and thus, it is called by an unentitled person.