1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a stock company established on October 16, 2015 for the purpose of building management business, etc., and the Defendant is the owner of the second floor No. 97 of Jung-gu Seoul Metropolitan Government C Building (hereinafter “instant building”).

B. The current status of the building of this case 1) D Co., Ltd. (E and the merged dissolution) completed the registration of initial ownership of the building of this case on July 25, 2000. On August 12, 2003, D Co., Ltd. divided the building of this case into the sectioned stores, and sold them in lots. 2) On May 30, 2000, D Co., Ltd registered the second to fifth to fifth to fifth to the above ground of the building of this case as a superstore under the Distribution Industry Development Act. On February 1, 2007, D Co., Ltd. registered its establishment as E Co., Ltd. (hereinafter “E”), and its business place changed from the second to the seventh to the seventh to the seventh to the seventh to the ground.

3) On June 25, 2015, E, with the consent of sectional owners, changed the use of the instant building into accommodation facilities, remodeled into “F” hotel, and sold 619 guest rooms in lots from 4 to 17th floor above ground. (c) On December 4, 2004, the meeting of the management body and the meeting of representative members (hereinafter “instant management body”) appointed representative members at the inaugural general meeting of the Cbuilding management body (hereinafter “instant management body”) held on December 4, 2004, and enacted the management body regulations, the main contents of which are as follows.

Article 40 (Appointment of Custodians)

1. An appointment shall be made at the meeting of the management body by a resolution of at least a majority of sectional owners and voting rights;

2. The conclusion of a management contract following the appointment of an administrator shall be made by a representative committee and manager;

Article 41 (Dismissal of Manager) If the manager commits an unlawful act or there is any reason not suitable for performing his/her duties, he/she may be dismissed by resolution at the meeting of sectional owners through a resolution of the Representative Committee.

2 On March 27, 2015, the above representative members resolved to delegate the status of E to G on the agenda, and on April 24, 2015, the manager G determines an appropriate management company and entrusts its operation.