A. The Defendant is a management body comprised of sectional owners of the 17th and the 5th underground floor size B (hereinafter “instant building”) located in Mapo-gu Seoul Metropolitan Government, and the Plaintiff is a sectional owner of the instant building.

B. Some of the sectional owners of the instant building did not undergo a resolution by the management body meeting under Article 29(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”). After enacting the management body rules on April 27, 2001, they managed the instant building accordingly. On March 29, 201, a general meeting of the representative members of each floor was held and elected I as the president.

Accordingly, the J, a sectional owner of the instant building, filed a lawsuit to nullify the resolution of the general assembly as Seoul Western District Court 201Gahap3695, and on August 11, 2011, the said court rendered a judgment that “the resolution of the general meeting of the representatives of the members of the above floor who elected I as the president is invalid.” On February 7, 2012, the said appellate court rendered a judgment dismissing an appeal against this part (Seoul High Court 201Na69260), and the said judgment became final and conclusive on May 14, 2012.

C. After the judgment above, the above court rendered a decision to appoint K as the Defendant’s acting president on May 13, 2013 in the case of a preliminary injunction against the Plaintiff’s act of management, etc., Seoul Western District Court 2013Kahap506, which was filed by the Plaintiff. K enacted the management rules on December 18, 2014 through a written resolution, and the said management rules were enforced from December 28, 2014.

According to the enactment and implementation of the above management rules, the election commission consisting of L, E, F, and G members on January 28, 2015, and confirmed L as the chairperson on February 25, 2015. While trying to take the procedure for selecting representatives on March 15, 2015, there was no difference in the candidate registration procedure, but to hold a management body meeting to elect the chairperson on March 18, 2015 and April 12, 2015, the sectional owners participated.