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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by E indicated as the representative of the plaintiff.
Reasons
Basic Facts
A. The Plaintiff is an organization established for the management of the building A (hereinafter “instant building”). Defendant B and C are co-owners of the real estate on the sixth floor of the instant building (hereinafter “instant real estate”), and Defendant D occupied the instant real estate as a lessee of the instant real estate and operates a screen golf course with the trade name “F”.
B. On July 7, 2015, the Plaintiff held a management committee and passed a resolution on the resignation of the former administrator B and the appointment of the receiver E while the management members were present.
C. Meanwhile, the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act") is the Act on the Ownership and Management of Aggregate Buildings.
(3) The manager shall be appointed or dismissed by a resolution of the management body meeting, provided that the rules provide for the appointment or dismissal of a management body by a resolution of the management body meeting pursuant to Article 26-2, the provisions of Chapter 1 of the Management Rules shall govern. Article 4 (Composition and Organization of Management Body) of the General Provisions of Chapter 1 of the Management Rules
2. A management body shall have the general assembly and management committee;
Chapter 4. Resolutions of the General Assembly
1. The general meeting of managing bodies shall deliberate and resolve the following matters:
(3) Election and dismissal of administrators: (4) Election and dismissal of managing members; and (5) Appointment and dismissal of auditors.
2. The management committee may elect at a flexible announcement referred to in paragraph (1) 4 and 5.
Part 5 Management Committee Article 20 (Composition of Management Committee)
1. The composition of the Custodial Committee shall be composed of a manager and managing member elected at a general meeting, and such manager shall convene and preside over it;
3. A management member who is the representative of each floor shall consent of a majority of sectional owners of the relevant floor;
[Reasons for Recognition] There is no dispute;