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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant is an aggregate building B (hereinafter “instant building”) composed of four underground floors, fifteen floors above ground, and thirty-seven divided stores in Busan Dong-gu, Busan, Dongdong-gu (hereinafter “instant building”).
(2) The Plaintiff is a sectional owner of the instant building D.
B. On March 31, 2019, the Defendant’s custodian E, who was at the expiration of the former custodian’s term of office, called a temporary management body meeting on May 21, 2019 while the latter custodian was not appointed, and a resolution was made to appoint F as a manager at the above management body meeting. (2) As to this, the Plaintiff filed a lawsuit seeking revocation of the said resolution with the Busan District Court 2019Gahap44930, and the said judgment became final and conclusive by rendering a non-litigation judgment citing the above claim on November 14, 2019.
C. A resolution of a temporary management body meeting 1) A, around December 20, 2019, announced the convocation of a temporary management body meeting with the following contents. A resolution of a temporary management body meeting 1: The case of appointment of the head of the management body (manager): December 20, 2019; a written application for registration of candidates and a written recommendation: The registration of candidates: from December 20, 2019 to December 24, 2019: A public announcement of the result of the registration of candidates: A proposal of the change of management body and service company; (i) the case of appointment of the head of the management body; (ii) the case of appointment of the head of the management body; (iii) the case of appointment of the head of the management body; (iv) the case of appointment of the head of the management body; and (v) the case of the temporary appointment of the management body 21: the public announcement of the instant case’s exercise of rights by 201 persons (including the improvement of facilities); and (iv) the case’s request for replacement of rights.
In relation to the agenda item 1, F has filed an application for registration as a sole candidate with respect to the agenda item, the said 17 persons (62.16% of the sectional owners and the area of exclusive voting rights).