1. The instant lawsuit shall be dismissed.

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

1. Facts of premise;

A. A commercial building located in Namyang-si, Namyang-si (hereinafter “instant commercial building”) is an aggregate building to which the Act on Ownership and Management of Condominium Buildings applies.

B. The Plaintiff is an organization that is the managing body of the instant commercial building, and the Defendant is the sectional owner of 205 and 206 among the instant commercial buildings, and the Plaintiff filed a lawsuit against the Defendant seeking the payment of unpaid management expenses.

C. On January 27, 2016, seven co-owners of the instant commercial building, including C, filed an application for provisional disposition against Plaintiff’s representative D seeking the prohibition of performing their duties (this Court 2016Kahap5022).

On May 28, 2013, when the Plaintiff elected D as the representative on February 22, 2018, the court rendered a decision citing most of the applications for provisional disposition on the ground that C is a legitimate manager of the commercial building of this case, since the Plaintiff’s general meeting (hereinafter “instant general meeting”) was defective in convening the convocation procedure, or failed to meet the quorum, D cannot be deemed to have been appointed as a legitimate manager of the commercial building of this case.

[Reasons for Recognition] Evidence No. 2-1, 2, Eul's evidence No. 11, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The gist of the defense before the Defendant’s main shop was not a legitimate management body of the instant commercial building, and D is not a legitimate representative of the Plaintiff or a legitimate manager of the instant commercial building.

B. The following circumstances revealed by Eul to the statement in the evidence No. 11 include the overall purport of the pleadings, i.e., ① a resolution passed to select E as a representative at the emergency countermeasure meeting on August 23, 2012, which was partially held by some sectional owners of the instant commercial building; ② a new management rule was enacted at the special meeting of September 10, 2012, which was convened and held by E; ② A was elected as a temporary representative at the special meeting of April 10, 2013, which was convened and held by E; and ② D was elected as a temporary representative at the general meeting of this case.