1. Revocation of the first instance judgment.

2. Ascertainment that the Defendant’s resolution on the extraordinary general meeting of July 31, 2015 is invalid.

3...

1. The facts subsequent to the premise facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the respective descriptions of evidence No. 1, evidence No. 2, evidence No. 5, and evidence No. 7 and the purport of the whole pleadings.

(1) The Plaintiff and C are the parties to the instant commercial building, and the Plaintiff and C are the Daejeon Pungdong B shopping mall (hereinafter referred to as the “instant commercial building”).

2) The Defendant is an organization that is composed of the sectional owners and the occupants of the instant commercial building, and that carries out business activities such as the maintenance of the instant commercial building and its appurtenant facilities, and the imposition and collection of the maintenance expenses and the repair allowances.

The Defendant externally used the name of “BA Management Body”, “BB General Management Committee” or “B Management Committee”, etc.

3) The management rules of the instant commercial building (hereinafter referred to as the “instant regulations”).

(B) The same organization of the commercial building and its duties, method of resolution, etc. (attached Form 1) The Daejeon District Court rendered a provisional disposition to suspend the performance of duties of the defendant's president and appoint attorney F as the defendant's president as the defendant's acting president on September 29, 2014. (2014Kahap251 on September 29, 2014.) The Daejeon District Court decided that E (it is elected as the president by the resolution of February 6, 2014, and the lawsuit for confirmation of invalidity of the resolution was pending in this Court 2016Na11958).

2) On April 27, 2015, the Daejeon District Court rendered a decision to change the name of the Defendant’s acting director from the attorney F to the attorney G from the attorney G. However, on July 28, 2015, the said court rendered a decision to dismiss the attorney G from the position of the acting director for reasons such as the Defendant’s failure to pay a prepayment order. (c) On July 31, 2015, the said court made a decision to dismiss the said member as an acting director. (d) On July 31, 2015, the special meeting of the general assembly of the floors of the instant commercial building as of July 30, 2015, with respect to the managing members of the management body of the instant commercial building as the case of appointment of the acting representative of the management body.