1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a sectional owner of C department stores with the 7th ground level below the ground level located on the Seo-gu Incheon Metropolitan Government D (hereinafter “instant condominium buildings”).

B. Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings, a management body established for the purpose of the management of the said building and its site and its ancillary facilities with all sectional owners of the said aggregate building as members (hereinafter “management body of this case”) held a general meeting of a provisional management body (hereinafter “general meeting of this case”) on December 2, 2017, and made a resolution to appoint the Defendant as a manager (hereinafter “instant resolution”; and the agenda on which the Defendant is appointed as manager was “the instant agenda”).

C. At the time of the instant resolution, the number of registered members of the instant management body is 135, and the relevant part of the articles of incorporation of the management body of this case is as follows.

VI.(Classification of Members)The members of the Council shall be composed of regular and associate members as follows:

1. A regular member shall be a sectional owner prescribed by the Act on Ownership and Management of Condominium Buildings;

Article 17 (Quorum, Powers of Representation and Matters for Resolution) (1) A general meeting shall be held with the attendance of a majority of all incumbent members or more, and a resolution shall require the concurrent vote of a majority of all incumbent members or more, except as otherwise provided for in the Acts, regulations or other regulations on the Ownership

(2) If a member is unable to attend a meeting due to extenuating circumstances, he/she may exercise his/her voting right or delegate it to the chairperson, and in such cases, he/she shall submit in advance documents proving it.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. With respect to the resolution of the Plaintiff’s assertion, only fifty-two persons, who are registered with the management body of this case, are less than a majority of 139 persons.