1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts

A. The Plaintiff is the owner of the second floor B shopping mall (hereinafter “instant shopping mall”) and the Defendant is the management body established with 48 sectional owners of the instant shopping mall as members.

B. On April 22, 2017, the Defendant: (a) held a management body meeting (hereinafter “instant management body meeting”); (b) attended 17 of the total sectional owners at 48, 16 of them, and made a resolution to appoint C as a manager (the president); (c) D as a vice-chairperson; and (d) E as a general manager, F and G as an auditor (hereinafter “instant resolution to appoint executives”).

C. The main contents of the statutes related to the instant case and the Defendant’s management rules are as follows.

Article 42-2 (Lawsuit for Revocation of Resolution) of the Act on the Ownership and Management of Aggregate Buildings may file a lawsuit for revocation of resolution within six months from the date on which a sectional owner becomes aware of the resolution at an assembly in any of the following cases, and within one year from the date of resolution at an assembly

1. Where the procedures or methods of convening an assembly are contrary to Acts and subordinate statutes or the regulations, or where the methods of resolution are remarkably unfair, such as the methods and matters for resolution under Article 14 of the Management Rules, etc. (1) A general meeting shall adopt a majority of sectional owners and the power of resolution,

(2) The following standards shall take effect when they are met:

2. A sectional owner and an officer of the representative management body, and the right to decide on the pros and cons for operation of the management body (a resolution made by one-half or more of the sectional owners and voting rights) the officer of the representative management body and the right to decide on the pros and cons for operation of the management body (the fact that there is no dispute over the grounds for recognition

2. According to the management rules of the defendant alleged by the plaintiff, executive officers of the president etc. must be decided by the majority of the sectional owners and voting rights. However, the management body meeting of this case only 17 of all sectional owners present at the meeting of this case, and with the consent of 16 of them.