A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), the Defendant is a management body composed of sectional owners of H and 2 lots B shopping mall (hereinafter referred to as the “instant shopping mall”), Jung-gu, Seoul, and the Plaintiff is a sectional owner of the said building.

B. On February 7, 2015, the Defendant held an election for the appointment of the fourth manager and operating committee members (hereinafter “instant election”) under the supervision of the regular assembly management committee under the Defendant’s control.

C. On March 5, 2015, the Regular Assembly Management Committee publicly announced that G was elected as a custodian and that the operating members listed in the separate sheet (hereinafter “G, etc.”) in the separate sheet were elected as the operating members of the pertinent floor.

(hereinafter the above resolution of appointment is referred to as the “instant resolution”). D.

The main contents of the Aggregate Buildings Act, the Enforcement Decree of the Act, the defendant's management rules (hereinafter referred to as the "instant management rules"), and the Election Management Rules (hereinafter referred to as the "Election Management Rules") related to the instant case are as follows.

[2] Article 26-2 (Establishment and Functions of Management Committee) (1) of the Aggregate Buildings Act may have a management committee as stipulated by regulations.

Article 26-3 (Organization and Operation of Managing Committee) (1) Members of the Managing Committee shall be elected from among sectional owners by a resolution of the Managing Committee.

Provided, That if the regulations provide otherwise for the resolution of the management body meeting, such regulations shall prevail.

(3) Matters necessary for the composition and operation of the Custodial Committee other than those prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 38 (Methods of Resolution) (1) Decision of the management body meeting shall be adopted by the majority of sectional owners and the majority of voting rights, unless otherwise prescribed by this Act or regulations.

(2) Voting rights shall be prescribed by Presidential Decree by using an electronic data processing system in writing or by electronic means, or by using other information and communications technology.