1. The instant lawsuit shall be dismissed.

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

A lawsuit seeking confirmation of the lawfulness of a lawsuit in this case is permissible when there exists a risk in existence in the Plaintiff’s rights or legal status, and obtaining a judgment of confirmation is the most effective and appropriate means to resolve the dispute (see, e.g., Supreme Court Decisions 2014Da30803, Jun. 29, 2017; 2001Da25078, Jun. 28, 2002). Therefore, there is no benefit to seek confirmation of the Plaintiff’s rights or legal status if the Defendant does not raise any objection against the Plaintiff’s rights or legal status.

Comprehensively taking account of the evidence No. 24 and evidence No. 8 as well as the overall purport of the pleadings, the Defendant, a management body based on the Act on the Ownership and Management of Aggregate Buildings, passed a resolution to dismiss D from the management body and appoint the Plaintiff as the management body on April 5, 2019, subject to a decision to suspend the execution of duties pursuant to the Order No. 2018Kahap20298 of this Court, and the Defendant, at the fifth statutory date for pleading, stated the written response of June 24, 2019, with the content that D was dismissed as the above resolution.

Thus, since the defendant did not raise any objection to the plaintiff's assertion that D is not in the status of a custodian, it cannot be deemed that the plaintiff's right or legal status is in danger of uncertainty. Thus, the lawsuit of this case is unlawful as there is no benefit of confirmation.

In conclusion, the instant lawsuit is dismissed as it is unlawful.