The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Basic Facts

A. The Plaintiffs are co-owners of C (hereinafter “instant building”) on the land outside the former F, and one parcel during the period of Gyeyang-gu, an aggregate building.

B. Defendant C management body (hereinafter “Defendant C management body”) is a management body established with all sectional owners of the instant building as members pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), and the provisions on the appointment, etc. of manager among the Defendant’s management rules are as follows.

Article 49 (Appointment, etc. of Manager) (1) The manager shall be appointed or dismissed by a resolution of the managing body's meeting.

(2) The term of office of a custodian shall be two years and he/she may be reappointed.

Article 53 (Duties of Care of Managers, etc.) (1) A manager shall execute the affairs of a management body with the care of a good manager for common interests concerning the management and use of a commercial aggregate building.

Article 54 (Authority and Duties of Administrator) (1) The administrator shall have the authority and duties to execute the affairs of the managing body under Article 26 (1).

(2) A manager may do judicial or extra-judicial acts on behalf of the managing body in connection with the execution of the affairs of the managing body under paragraph (1).

However, the manager's representative authority may be restricted by a resolution at the meeting of the management body.

(3) The provisions concerning delegation under the Civil Act shall apply mutatis mutandis to matters not prescribed by the rules with respect to the powers and duties of the receiver.

Article 60 (Qualifications, etc. for Members of Custodial Committee) (1) Article 51 shall apply mutatis mutandis to qualifications of the Custodial Committee.

Article 61 (Authority of Managing Committee) (1) Except as otherwise provided for in this Code, the Managing Committee shall perform the following duties:

1. Supervision over the performance of duties by administrators under Article 26-2 (2) of the Act;

2. Proposal of an agenda for the establishment, alteration and repeal of regulations under Article 5 (2) of the Act;

3. Resolution on the lease of sites and sections for common use, etc. under Article 16 (1);

4. The section for common use, etc. under Article 28 (1);