2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff was the chairperson of the management body established by the management body consisting of all sectional owners of the sectional owners of the branch of Seongbuk-gu, Sungnam-si (hereinafter “instant shopping mall”), and the Defendant and the designated parties were members of the management committee.

The president of the management committee of the commercial building of this case is the status of performing the role of “manager” as stipulated in the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

B. On December 29, 2016 and March 13, 2017, the Defendant and the designated parties requested 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 referred to as “special meeting”), but they convened an extraordinary general meeting on March 28, 2017 by designating the Defendant as the representative who did not comply with the request (hereinafter referred to as “instant extraordinary meeting”), and the resolution was adopted to dismiss the Plaintiff from office as the president of the management committee and appoint the Defendant as the acting representative.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 20, 21, 33, Eul evidence Nos. 16, 17, 27, 28, 47, and 48, and the purport of the whole pleadings

2. The Plaintiff’s assertion and the designated parties unilaterally convened the instant special meeting in violation of the management rules, as well as by unlawful means, such as manipulating the number of persons present at the special meeting, etc., and by appointing the Defendant to the president, the instant special meeting is null and void.

Furthermore, convening a general meeting of the same contents should not be permitted for the reason that the special meeting of this case is null and void.

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

(a) The above previous resolutions are made at the management body meeting held again after the resolution of appointment of officer was passed at the management body meeting of the management body established under Article 23 of the Aggregate Buildings Act;