1. The plaintiff's claim is dismissed.

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

Basic Facts

A. The building of the Dong shopping center in Daejeon Pung-dong 914 consists of 73 separate stores, consisting of a total of 73 stores, which were newly built on January 201, 201 with the first underground floor and the fifth floor above ground (hereinafter “instant building”).

B. The Plaintiff managing body, which is the managing body of the instant building, did not elect its representative from the completion of the instant building to January 30, 2016, or did not actually manage the instant building.

Accordingly, the merchants who sell and operate the building in this case organized the Defendant Steering Committee or the Dong shopping mall association, and the above Defendant Steering Committee or the Dong shopping mall association has been performing the management business of the building in this case (the Defendant Steering Committee and the Dong shopping mall association are replaced by the executives and members of both parties, and the two are deemed to have been performing the management business of the building in this case without distinguishing each other (the Defendant asserts that the Dong shopping mall association was integrated into the Defendant around January 27, 2016).

(C) The lower court did not distinguish the two, but did not distinguish the two. (c)

The Defendant, while managing the instant building, has received profits generated from the common areas of the instant building (hereinafter “profit from the common areas of the instant building”) by leasing the parking lots, rooftops, etc., which are the common areas of the instant building, or collecting the usage fees thereof.

In addition, on January 30, 2016, the Plaintiff’s management body elected the officers, such as the Plaintiff’s representative, etc.; the Plaintiff made a resolution to directly perform the management duties of the instant building; and on May 21, 2016, filed the instant lawsuit to suspend the Defendant’s management of the instant building.

A resolution was made on the contents of the resolution.

E. Since then, the Plaintiff’s managing body was defective in the above resolution made on January 30, 2016 and the convocation procedure and the quorum made on May 21, 2016, and the instant lawsuit pending on September 10, 2016.