1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 28, 2015, the Plaintiff was elected as auditor at the meeting of C Management Body (hereinafter “instant Management Body”) held on April 28, 2015 as the sectional owner under subparagraph d of the petition-gu C Building in the Cheongju-si. According to the evidence No. 4 (Management Rules) of the Management Committee Chairperson at the above meeting, the name of the accurate position shall be deemed as “manager” but the name of the Management Committee Chairperson is referred to as “Management Chairperson” for the convenience of understanding.

a person elected by law.

B. According to the management body rules of this case, since the term of office of the chairperson of the management body set two years, the defendant had expired on April 28, 2017, and the defendant has been performing the same duties while maintaining a temporary position as the chairperson of the management body.

C. On August 23, 2018, the Plaintiff convened an extraordinary management body meeting on the same day. At the above meeting held on the same day, the participants dismissed the members of the management body including the Defendant and passed a resolution to appoint new members of the management body. The Plaintiff was elected as a new management committee chairperson at the above meeting.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 17 (including a tentative number), the purport of the whole pleadings

2. On August 23, 2018, the instant management body, the gist of the Plaintiff’s assertion, convened a lawful temporary assembly, dismissed the Defendant, who is the chairman of the temporary management body, and passed a resolution to elect the Plaintiff as the chairman of the management body.

Nevertheless, the Defendant still possesses the articles listed in the separate sheet (hereinafter referred to as “the instant articles”) as the owner of the instant management body, and interferes with the management body’s performance of its duties. As such, the Defendant is obligated to deliver the instant articles to the Plaintiff who is legally authorized to possess the instant articles as the new management board chairperson.

3. The fact that the plaintiff was elected as a new management chairperson through the temporary assembly of the management body of this case is as seen earlier.

However, the following are known in the records: