1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion is the co-owner of some of the apartment buildings C, a main apartment building located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant aggregate building”), and the Defendant is the person who asserts that he/she is in the position of the chairperson of the management committee of the instant aggregate building.

Article 26-2(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") provides that "a management committee may be established in the management body in accordance with the regulations," and Article 26-3(1) provides that "where the members of the management body are otherwise stipulated by regulations, from among sectional owners, they shall be elected by the resolution of the management body meeting." Article 7(3) of the Enforcement Decree of the same Act provides that "The chairperson shall be elected from among the members of the management body, but Article 26-3(1) of the Act

A management body established with all sectional owners of the instant aggregate building as members (hereinafter referred to as the “management body of this case”) shall be comprised of four apartment side and one side of the commercial building at the special meeting of July 25, 2014, and four apartment side members of the council of occupants’ representatives shall hold office concurrently concurrently by the representatives of each building of the council of occupants’ representatives, and one side of the commercial building shall hold office automatically by the chairperson of the commercial building or the president of the prosperity.

Since the defendant was elected as the chairperson of the management committee in the resolution of the management committee on October 24, 2018, the defendant asserts that he is in the position of the chairperson of the management committee.

However, on February 20, 2019, four new representatives by buildings except the defendant were elected from the election of representatives by buildings by buildings of this case on February 20, 2019, and they were formed with one managing member on the side of the commercial building. However, through the resolution of the management body assembly of this case, the chairman should be elected from among the new managing members, so the defendant's non-existence of the position of the chairman of the management committee is confirmed.