1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. According to the copy of the register and the aggregate building register of the D's building located in Guro-gu Seoul Metropolitan Government, the name of the building of this case is D.

Meanwhile, according to the identification number certificate of the management body of the instant building, the name of the management body of the instant building is B management body.

(401 housing size, hereinafter “instant building”) is a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”) composed of sectional owners, and the Plaintiff is a sectional owner under subparagraph (a) of the instant building and a previous manager of the Defendant.

B. (1) The meeting of the managing body of the instant building held on June 30, 2019 (hereinafter “previous meeting of the managing body of the first managing body”).

In the instant building, which was held on August 7, 2019, the agenda items, etc. to appoint F as the Defendant’s custodian, were resolved. The meeting of the management body meeting of the instant building (hereinafter “previous Second Management Body meeting”).

(2) The Seoul Southern District Court 2019Kahap20340 against the Plaintiff filed a provisional disposition prohibiting interference with the duties of the receiver.

The above court ruled that the resolution of the first managing body meeting cannot be deemed as the defendant's manager on the ground that some sectional owners are deprived of the opportunity to attend the meeting of the managing body meeting remarkably unfair and invalid due to the reason that the previous resolution of the second managing body meeting is invalid because it was convened by a person without authority to convene the meeting or due to defects in convocation procedures, and that the latter's motion cannot be deemed as invalid.

C. On October 21, 2019, F et al., the sectional owners of the instant building opened a meeting of the management body (hereinafter “the instant meeting”) on October 29, 2019 with the Seoul Southern District Court Decision 2019Bhap10090 decided to convene a temporary meeting of the management body (hereinafter “the instant meeting”) and dismiss the Plaintiff as indicated in the attached list, and appoint F as the manager (hereinafter “the instant resolution”).