1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. The Defendants asserted that the lawsuit in this case is unlawful, as the term of office expires on December 31, 2015 and retired from the president of the defendant prosperity, the lawsuit in this case is deemed unlawful as there is no benefit of lawsuit.

Article 24(5) of the Act on the Ownership and Management of Aggregate Buildings provides that “Any sectional owner may file with the court a request for the dismissal of the manager in cases where the manager has committed any unlawful act or any other reason that makes it inappropriate to perform his/her duties.”

Since the above lawsuit for removal of a custodian is aimed at resolving the legal relations between the management body and the manager, if the custodian is not in the status of the manager, it is unlawful as there is no benefit to the lawsuit.

On December 31, 2015, Defendant C retired from office after the expiration of the term of office of the chairperson (manager) of the defendant prosperity, and on November 2, 2015, the defendant prosperity held a general meeting of shareholders on November 2, 2015 to elect P as the chairperson (manager), and the fact that P is currently performing its duties as the chairperson (manager) of the defendant prosperity does not conflict between the parties.

Therefore, since Defendant C is not in the current position of the president (trustee) of the Defendant Subdivision as his term of office expires, the instant lawsuit seeking to dismiss Defendant C from the administrator is unlawful as there is no benefit of lawsuit.

2. In conclusion, the plaintiffs' lawsuit of this case shall be dismissed as unlawful.

The judgment of the court of first instance is unfair with a different conclusion, and thus, it is so decided as per Disposition by the assent of all participating Justices.