1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The plaintiff's ancillary claim added by this court.

1. Basic facts

A. The Plaintiff is an organization established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) for the purpose of implementing the project on the management of the building site and its appurtenant facilities in Namyang-si, Namyang-si (hereinafter “the instant commercial building”).

B. On September 3, 2008, the Defendant is a sectional owner who completed the registration of transfer of ownership on July 29, 2008 with respect to No. 211 (hereinafter “No. 211”) among the instant commercial buildings on the grounds of sale on August 4, 2008.

C. The aggregate of the area of the instant commercial building is 11,745.65 square meters, and the section for exclusive use under 210 square meters is 144.41 square meters, and in the case of 211 square meters, 158.21 square meters, the ratio of the area occupied by 210 square meters among the instant commercial buildings is 1.23% (i.e., 14.41 square meters ± 11,745.65 square meters ± 11,745.65 square meters, and hereinafter the same shall apply). The ratio occupied by 211 square meters is 1.35% (i.e., 158.21 square meters ± 11,745.65 square meters).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 4, 12 (including branch numbers for additional evidence) and the purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the defense is that C does not have a legitimate authority to represent the Plaintiff, and the lawsuit of this case brought by C as the representative of the Plaintiff is unlawful as it was brought by a person without the power of representation.

B. According to the overall purport of evidence Nos. 10 and 24, the following facts are as follows: (i) upon the consent of 29 of the total sectional owners of the instant commercial building on November 15, 2012, the purpose of the meeting is to hold the management body meeting on November 25, 2012 with the intention of holding the management body meeting on November 25, 2012 with the election of the manager and the auditor; (ii) at the management body meeting above, 51 of the sectional owners (17 of the instant commercial building, 34 of the total sectional owners), among the 71 sectional owners, were present; and (iii) C.