1. Of the instant lawsuit, the Defendant is established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings.

1. The following facts do not conflict between the parties or may be found as a whole in each entry in Gap evidence Nos. 1, 2, 10, 11, 19, and Eul evidence Nos. 1, 2, 4 through 8, 18, 19, 21, and 28 (including each serial number, if any; hereinafter the same shall apply).

[Plaintiff asserts that the document No. 8 (Minutes) was forged, but since each participant’s signature and seal exists in the minutes, there is no evidence that the authenticity of the document No. 8 is presumed to have been forged and that the document was forged.

The Plaintiff is a co-owner of the basement No. 601 among the 216 households in Seocho-gu Seoul Metropolitan Government (hereinafter “instant building”).

The defendant is a management body established automatically pursuant to Article 23 of the Aggregate Buildings Act for the purpose of implementing the business of managing the building of this case and its site and its attached facilities.

B. On October 12, 2006, the Defendant formed a management committee with written consent from a majority of the occupants of the instant building pursuant to the management rules (hereinafter “instant management rules”), and elected H as the chairperson of the management committee, D, E, F, G, and auditor.

Since then, the members of the management committee were appointed in order, and the non-party C was elected as the chairperson at the meeting of the management committee held on November 29, 2016.

C. The Plaintiff filed an application with Nonparty I and J for provisional disposition of suspending the exercise of custodian’s duties with this Court 2017Kahap495, which is the sectional owner of the instant building, on March 19, 2018, the said court dismissed the said application by deeming that “it is difficult to deem that there was a defect in the Defendant’s composition of the first management committee, and even if the instant management rules do not provide for “the manager”, it is insufficient to recognize that there was a defect in the resolution of the management committee on November 29, 2016, which appointed Nonparty C as the chairperson according to the procedures stipulated in the management rules.”

The main contents of the instant management rules are as follows.