1.The judgment of the first instance shall be modified as follows:

On November 19, 2014, the defendant holds C at the meeting of the management body.

1. Basic facts

A. The defendant is an organization composed of sectional owners of the building B in the Suwon-si District District B (hereinafter "the building of this case"), and the plaintiff is a sectional owner of the building of this case 302.

B. The instant building is an aggregate building consisting of 19 sections from the first to the fourth above ground, and 19 sectional owners were sectional owners as of November 19, 2014.

C. On November 19, 2014, some of the sectional owners of the instant building held a management body meeting (hereinafter “instant assembly”) and passed a resolution to elect C as the Defendant’s representative (hereinafter “instant resolution”).

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, Eul evidence 1, Eul evidence 1, 3, 4, 5, and 6, the purport of the whole pleadings

2. The plaintiff asserts that the resolution of this case was made at the meeting of this case which did not meet the convocation procedure requirements under the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act"), and that the resolution of this case was null and void since it did not meet the quorum for the appointment of a manager under the above Act.

In regard to this, the Defendant asserts to the effect that “the instant assembly was requested by eight sectional owners, and at least 15 of the sectional owners of the instant building agreed to the holding of the instant assembly. In addition, the Defendant, on November 11, 2014 pursuant to Article 34(4) of the Multi-Family Building Act, publicly announced the instruction for convening the instant assembly on the first floor of the instant building, and requested the convocation of the assembly individually to contact the sectional owners who want to contact with each other, thereby complying with all of the convocation procedures stipulated in the Multi-Family Building Act.”

3. Determination

A. If the number of sectional owners is ten or more as the defendant, a manager to represent the management body and execute the affairs of the management body shall be appointed by resolution at the management body meeting (Article 24(1) and (3) of the Aggregate Buildings Act), and if no manager exists, at least 1/5 of the sectional owners.