1. The instant lawsuit shall be dismissed.

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

1. Summary of the plaintiff's assertion

A. The Plaintiff is a sectional owner of the building C (hereinafter “the instant aggregate building”) at Namyang-si, and the Defendant was appointed from the extraordinary general meeting of the management body of the instant aggregate building (hereinafter “instant general meeting”) on January 13, 2015 and is managing the instant aggregate building until now.

B. The instant general assembly was conducted without meeting the quorum under Article 29 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and the Defendant is not a lawful manager under the Aggregate Buildings Act.

C. The Defendant did not perform its duty as a manager, such as violating the duty to report to the sectional owners of the instant aggregate building, failing to convene a management body meeting, neglecting the management of the instant aggregate building, failing to conclude an insurance contract, failing to provide data such as details of imposition of management expenses, etc. as prescribed by the statutes, concluding the instant aggregate building management entrustment contract without undergoing open competitive bidding, and violating the duty to notify as

Since the defendant has such reasons for dismissal, the plaintiff is demanding the defendant to suspend duties as a manager of the aggregate building of this case and to dismiss the defendant from the administrator.

2. Since a lawsuit for dismissal of an administrator under Article 24(5) of the Aggregate Buildings Act is a lawsuit for creation for the purpose of resolving legal relations between a management body and a manager, it constitutes an inherent indispensable co-litigation in which both a management body and a manager who are parties to legal relations shall be co-defendants

(see, e.g., Supreme Court Decision 2011Da1323, Jun. 24, 2011). In a case of an essential co-litigation, if a joint lawsuit is legally enforced and one of the co-litigants is omitted, the said joint lawsuit shall be deemed unlawful as having no standing to sue.

However, the lawsuit for dismissal of the custodian of this case is limited to the defendant who is the administrator, without both the management body and the administrator as the co-defendant.