A. The Defendant is a management body established by consisting of all sectional owners of the subdivision-gu party B shopping district (hereinafter “instant shopping district”) in Sung-nam City pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “the Condominium Act”).

The Plaintiff was elected as the president of the management committee of the commercial building of this case (the management committee under the Act on the Ownership and Management of Aggregate Buildings) and performed its duties from September 1, 2015, and Article 40 subparagraph 1 of the management rules of the commercial building of this case provides that the term of office of the president may be renewed for a year.

B. However, on December 29, 2016 and March 13, 2017, some sectional owners of the instant commercial building claimed the Plaintiff to convene an extraordinary general meeting (which constitutes an extraordinary management body meeting under the Act on the Ownership and Management of Aggregate Buildings; hereinafter the same shall apply), but convened an extraordinary general meeting on March 28, 2017, the Plaintiff did not comply therewith (hereinafter “instant extraordinary meeting”), and the resolution was adopted to dismiss the Plaintiff from office by the president of the management committee and appoint C as the acting president.

C. On May 12, 2017, the Defendant filed an application against the Plaintiff for the provisional disposition of suspending the performance of duties with the Suwon District Court Branch Branch Branch Branch Branch 2017Kahap41, but on July 18, 2017, the Defendant dismissed the application on the ground that C, who asserted from the above court that the resolution of the extraordinary general meeting meeting was invalid due to the defect in the convocation procedure, and that C, who was appointed as an acting representative of the management committee at the resolution of the extraordinary general meeting, cannot be deemed a lawful representative of the Defendant, was deemed to have been filed by

Accordingly, the Defendant appealed with Seoul High Court 2017Ra363, but decided to dismiss the appeal from the above court on November 17, 2017.

A sectional owner and 32 occupants of the instant commercial building shall be the president, managing members, and the Plaintiff, who performed the duties of the president of the Management Committee on September 13, 2017.