1. AA confirms that it is not the defendant's custodian.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. The Plaintiffs are sectional owners of the Z(hereinafter “instant building”) that is an aggregate building of the 7th underground floor in Jung-gu Seoul and the 17th floor above the ground (hereinafter “the instant building”), and the Defendant is a management body established automatically by making all sectional owners of the instant building as members pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”), and AA is a person who was performing duties as a manager of the Defendant management body.

B. The Plaintiffs filed an application against A for provisional disposition demanding suspension of the performance of duties as the manager of the Seoul Central District Court No. 2016Kahap81568, and on February 10, 2017, the said court rendered a decision that AA cannot perform its duties as the manager of the Defendant Management Body until the judgment on the merits became final and conclusive, and thereafter, AC was appointed by the court as the manager of the Defendant Management Body during the period of suspension of the performance of duties as the attorney at the court.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that AA was not legally appointed as the administrator of the defendant management body, and that AA was not in the position of the administrator. Accordingly, the defendant asserted that A was legally appointed as the administrator around March 27, 2015 by the written resolution of Sung Chang-don Co., Ltd. entrusted by the sectional owners.

B. Determination is based on Article 24(1) of the Aggregate Buildings Act, and Article 24(1) of the same Act provides that "if there are not less than 10 sectional owners, a manager to represent the management body and execute the affairs of the management body shall be appointed." Paragraph (3) of the same Article provides that "the manager shall be appointed or dismissed by resolution of the management body

Provided, That it shall be governed by the rules under Article 26-2.