1. The instant lawsuit shall be dismissed.

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

1. The fact of recognition is that the Plaintiff is the sectional owner of the 9th and 10th and the 10th and upper floors of the building located in Si/Gunposi (hereinafter “instant building”) and the Defendant is a person who is performing duties as the manager of the instant building from February 1, 2014 to become the manager of the management body of the instant building under Article 24 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”).

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 6-41, 42, Eul evidence 1-3 and 4-4, the purport of the whole pleadings

2. Ex officio determination on the legitimacy of the lawsuit

A. The Plaintiff seeks to confirm that the Defendant did not have been appointed as a manager under the Act on the Ownership and Management of Aggregate Buildings even though the Defendant had not been appointed as a manager under the due process under the Act on the Ownership and Management of Aggregate Buildings, and that the Defendant did not have the status of a manager under the management body of the instant building

B. Ex officio, in a lawsuit for confirmation, there is a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment of confirmation against the defendant, in order to eliminate the risks of the plaintiff's rights or legal status.

In a lawsuit seeking confirmation of the status of the representative or member of an unincorporated association, the judgment citing the claim is issued if the action is brought against the representative or member.

However, because the judgment cannot be effective to the organization concerned, it cannot be the most effective and appropriate way to resolve the dispute between the parties surrounding the status of the representative or members. Therefore, the claim against the representative or the individual of the members is not against the organization, and the benefit of confirmation is the interest of confirmation.