1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a company that owns a part of the store, which is the sectional ownership of the Busan Metropolitan Transport Daegu D Building (hereinafter “instant condominium building”) (which is the state of trust with the present E Company).

B. Defendant C was the F’s representative director at the time of the new construction of the instant condominium, and Defendant B (hereinafter “Defendant Company”) was a company with the purpose of management service business, etc., and entered into an entrustment contract with F on or around November 2014, for the management of the instant condominium building and managing the instant condominium building until now.

C. The sectional owners of the instant aggregate building did not hold a management body meeting for the appointment of the manager until now.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 4 (including the case of additional number; hereinafter the same shall apply) and the purport of whole pleading

2. The gist of the Plaintiff’s assertion is that the instant condominium does not legally appoint a manager through the management body meeting, but is actually managed by the Defendants.

However, the defendants did not collect management expenses from some sectional owners, and caused damages to the other sectional owners who paid management expenses.

Therefore, the Plaintiff, a sectional owner of the instant aggregate building, seeks to dismiss the Defendants from the manager of the instant aggregate building based on Article 24(5) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

3. Since a lawsuit for removal of an administrator under Article 24 (5) of the Act on the Ownership and Management of Aggregate Buildings is a lawsuit for creation for the purpose of resolving legal relations between the management body and the administrator, it constitutes an inherent indispensable co-litigation in which all of the management body and the administrator who are the party to the legal relations

(See Supreme Court Decision 201Da1323 Decided June 24, 2011, etc.).