1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C, D, E, F, and G (hereinafter “five persons, including C”) are divided owners of B commercial buildings in Nam-gu Incheon Metropolitan City. The Defendant is a management body comprised of divided owners of the said commercial building according to the Act on Ownership and Management of Condominium Buildings, and H is a person appointed as the Defendant’s manager in the resolution of the temporary management body meeting held on July 29, 2014.

B. On October 14, 2014, 201, 5 including C filed a lawsuit against the Defendant for revocation of the resolution of the management body meeting (hereinafter “principal case”) by the Incheon District Court 2014Gahap11952 on the grounds that the said resolution that appointed H as a manager was unlawful, and filed an application for a provisional disposition to suspend the performance of duties and designate an acting manager as the Incheon District Court 2014Kahap1528 on November 21, 2014 against H on the ground that the said resolution was unlawful.

(hereinafter referred to as “application case”). (c)

On May 13, 2015, the court of the case filed the application case rendered a partial decision that “H shall not perform its duties as the Defendant’s custodian until the judgment on the merits case becomes final and conclusive; ② Additional decision that “A (Plaintiff) and I shall be appointed as the Defendant’s joint administrator during the suspension period of H’s performance of duties as of June 15, 2015; ③ December 2, 2015.”

On October 8, 2015, the court of this case rendered a ruling that “the defendant shall revoke the resolution to appoint H from the extraordinary management body meeting on July 29, 2014 to the manager” and the above ruling was finalized on October 29, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In case of a provisional disposition that appoints an acting director of a corporation or organization alleged by the plaintiff, the authority of the acting director remains valid unless the decision of provisional disposition is revoked, so the plaintiff still is the acting director of the defendant, and the status of the plaintiff is denied, and therefore, the confirmation of the status is sought.

(b) judgment;