1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a management body comprised of all sectional owners of A, a main complex building with the size of two underground floors and eight above ground floors located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant aggregate building”), and the Defendant is the owner of the said aggregate building 401 and 402.

B. The Defendant, without obtaining lawful construction permission, installed three square meters in the board room room, 3 square meters in the board room and 6 square meters in the warehouse of the board board (hereinafter collectively referred to as “the instant illegal building”) on the fourth floor of the instant aggregate building (the third floor roof).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 6, 11, 12, and 13 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff paid penalty on a regular basis due to the instant illegal building, and there is also an obstacle to the management of the property of the sectional owners of the instant aggregate building. Therefore, the Plaintiff seeks removal of the said illegal building to the Defendant pursuant to Articles 43(1) and 5(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

B. Defendant 1) In a special meeting held by the Plaintiff on March 23, 2016, there was no resolution on the instant lawsuit. Even if such a resolution was made, the said resolution is unlawful as it was filed by a person without the power of representation, since the Plaintiff did not notify the 11 sectional owners of the instant aggregate building at the time of holding the said special meeting, and the said resolution was deemed null and void due to the existence of serious defects. Since the list of the participants of the said special meeting was forged, the instant lawsuit was filed without the resolution of the management body meeting, and is unlawful. 2) Since D is not in the position of a lawful manager who is capable of representing the Plaintiff, the instant

3. Determination on the legitimacy of a lawsuit

A. Whether there was a resolution passed by the management body meeting for the removal of the instant lawsuit either one sectional owner or one sectional owner.