1. The Defendant’s resolution of election of managing members is revoked, among the resolution adopted at the managing body’s meeting on April 16, 2016.

2...

1. Basic facts

A. The plaintiffs are co-owners of the 7th underground floor in Busan Shipping Daegu and C, which is an aggregate building of the 22th floor and a hotel-type accommodation facility of the 22th floor (hereinafter "the building of this case"). The defendant is a management body composed of all co-owners (467 persons) of the building of this case pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").

B. On April 16, 2016, the Defendant’s temporary management body meeting (hereinafter “the instant management body meeting”) convened upon the notice of notification of E, a sectional owner of the instant building. A majority of sectional owners attended the instant management body meeting by himself/herself or his/her representative and appointed F as the Defendant’s manager and decided to appoint G et al. as managing members.

(hereinafter referred to as the "resolution of this case") resolution to appoint the above administrator and the managing members.

The relevant provisions of the Aggregate Buildings Act are as follows.

Article 12 (Share of Co-owner) (1) Each co-owner's share shall be in proportion to the size of his/her section of exclusive ownership.

Article 26-2 (Establishment and Functions of Managing Committee) (1) A managing committee may be established under the conditions as determined by the regulations.

(2) The Control Committee shall supervise the performance of affairs of the manager prescribed by this Act or the regulations.

(3) Where a management committee is established pursuant to paragraph (1), the administrator shall obtain a resolution from the management committee to perform the act referred to in the subparagraphs of Article 25 (1).

Provided, That this shall not apply to matters otherwise prescribed by the rules.

Article 26-3 (Organization and Operation of Managing Committee) (1) Members of the Managing Committee shall be elected from among sectional owners by a resolution of the Managing Committee.

Provided, That if the regulations provide otherwise for the resolution of the management body meeting, such regulations shall prevail.

(2) Article 24 (2) and (4) shall apply mutatis mutandis to the exercise of voting rights by members of the Custodial Committee.

(3) Paragraphs (1) and (2).