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1. Ascertainment that the Plaintiff is the Defendant’s custodian.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. The plaintiff's assertion is a management body composed of sectional owners of Seongdong-gu Seoul Metropolitan Government Btel, and the plaintiff is the manager of the management body.
On June 26, 2018 and July 11, 2018, the Defendant’s Management Committee decided to dismiss the Plaintiff as a custodian on two occasions, and the Management Committee does not have the right to dismiss the manager at each of the above meetings, and it cannot be deemed that each of the above meetings did not have been convened by a legitimate convening authority, the notification procedure was not complied with, and even if the notification procedure was not complied with, C and D were excluded from managing members.
Therefore, notwithstanding each of the above resolutions, the plaintiff is currently in the status of the defendant.
2. Determination
(a) First, we examine whether a meeting of the Management Committee complies with the notification procedures on June 26, 2018 and July 11, 2018.
(b)In full view of the facts without dispute, Gap evidence Nos. 2 to 7, 9, 10, 12 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 4, 13, 14, and 15, the whole purport of the arguments may be acknowledged as follows:
① On June 25, 2018, the chairperson of the Defendant Management Committee decided to hold a temporary meeting on June 26, 2018 to the members of the Management Committee on the following matters: (a) a resolution for dismissal of the Plaintiff due to any violation of Acts and subordinate statutes against the Plaintiff; and (b) notified them to the members of the Management Committee.
② On June 26, 2018, the Management Committee held a temporary meeting on a temporary agenda on the dismissal of the administrator’s Plaintiff, and notified the Plaintiff on June 28, 2018, with the consent of five managing members, that “resolutions on dismissal request by a certified judicial scrivener” was dismissed by a certified judicial scrivener, and the Chairperson of the Management Committee notified the Plaintiff on the dismissal of the Plaintiff.
③ On July 4, 2018, the Chairperson of the Management Committee decided to verify the Plaintiff’s dismissal resolution and notified the members of the Management Committee of the fact that a regular meeting is held on July 11, 2018.
(4)