2. The costs of the lawsuit are assessed against the defendant.

A. The Plaintiff is a sectional owner in Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”), and the Defendant is a management body established with all sectional owners of the instant building as members for the purpose of managing the instant building and its site and its accessory facilities pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”).

B. The instant building consists of a total of 495 households (household with an exclusive use area of 41.9 square meters, A with an exclusive use area of 24.4 square meters, and B with an exclusive use area of 22.2 square meters), and each household’s exclusive use area is 11,861.2 square meters.

C. On March 24, 2018, the Defendant made a resolution to appoint C as the Defendant’s custodian and the Chairperson at the extraordinary management body meeting of the instant building (hereinafter “instant assembly”) (hereinafter “instant resolution”).

The provisions of the Aggregate Buildings Act related to this case are as follows.

Article 12 (Share of Co-owner) ① The share of each co-owner is according to the ratio of the size of his section of exclusive ownership.

Article 24 (Appointment, etc. of Administrator) (1) Where there are at least ten sectional owners, he/she shall represent the managing body and appoint a manager to execute the affairs of the managing body.

(2) The manager shall not be required to be a sectional owner, and his/her term of office shall be determined by regulations within two years.

(3) The manager shall be appointed or dismissed by resolution at managing body's meetings.

Provided, That the regulations shall apply where the appointment or dismissal is determined by a resolution of the management committee under Article 26-2.

(4) A person who occupies the section for exclusive use with the consent of sectional owners may exercise his/her voting right by attending the managing body's meeting under the main sentence of paragraph (3).

Provided, That this shall not apply where the sectional owner and the possessor separately determine and notify the management body, or the sectional owner notify the management body of the exercise of voting rights directly before the assembly is held.