2. The costs of the lawsuit shall be borne by B;

이 사건 건물의 분양자인 주식회사 디에스네트웍스는 계약 기간을 ‘입주개시일로부터 적법한 관리단 임원이 선출될 때까지’로 정하여 피고에게 이 사건 건물에 관한 관리업무를 위탁하였다.

However, at the temporary management body meeting of the instant building held on February 3, 2017 (hereinafter “instant assembly”), there was a resolution on the agenda on which B is appointed as a manager with the consent of 54 persons (21,553.80 square meters in the exercise area of voting rights) from among 967 persons holding a sectional ownership (39,610.79 square meters in the exercise area of voting rights), and thus, the Defendant became unable to perform the management affairs of the instant building as a result of the expiration of the contract period.

Therefore, the defendant has a duty to deliver each building listed in the separate sheet, which is the common use area of the building of this case, to the plaintiff.

2. Judgment on the main defense of this case

A. Since a resolution that appoints B as a custodian at a meeting of the Defendant’s main defense of this case is nonexistent or null and void, the lawsuit of this case filed by B without legitimate authority to represent the Plaintiff is unlawful.

B. If there is a dispute as to the existence of a decision-making group resolution, the organization bears the burden of proof for the existence of the resolution.

However, in full view of the facts without dispute, Gap evidence Nos. 14, Eul evidence No. 2, and Eul evidence No. 17, the overall purport of the pleadings is as follows: ① in the meeting of this case held at the hotel located in Sungnam-gu D, Sungnam-si, Ma-si on February 3, 2017, the F is the Speaker pro tempore with the consent of a considerable number of sectional owners who directly attended the meeting; ② in the meeting of this case, the validity of the power of attorney secured by managers, such as whether the sectional owners who participated in the meeting of this case want the meeting; and