1. On November 3, 2016, the defendant adopted a resolution on the three agenda items recorded in the list of temporary meetings of the management body (attached Form 1) at the meeting of the management body.

1. Basic facts

A. The Plaintiff is a sectional owner of the 1st underground floor and B of the 3rd ground floor in Jung-gu, Seoul and D (hereinafter “instant commercial building”), and the Defendant is a management body comprised of sectional owners of the instant commercial building.

B. On July 9, 1979, the sectional owners of the instant shopping mall established E Co., Ltd. (hereinafter “E”) for the management, etc. of the instant shopping mall, and on November 16, 2001, the said E Co., Ltd. completed business registration for lease and real estate management with all the sectional owners of the instant shopping mall as joint business operators and completed business registration for the purpose of real estate management on the trade name of “F” and had the representative perform the business of preserving and managing the common area of the instant shopping mall.

C. On October 19, 2016, Nonparty G and F, the representative of Nonparty G, and Nonparty H, who were the representatives of Nonparty G and F, issued a notice of convening a temporary management body meeting of the Defendant on November 3, 2016 to the sectional owners of the instant commercial building. Accordingly, a resolution was passed on the agenda No. 1 through No. 4 as indicated in the agenda list (attached Form 1) at the temporary management body meeting held on November 3, 2016 (hereinafter “the first management body meeting”).

Of the above agenda items, the Defendant’s resolution for the enactment of the management body rules was included in the “case concerning the amendment of the management body system (the method of provisional operation)” among the above agenda items, and Article 3 (E loss of the status of the management body) of the Addenda of the management body rules subject to resolution is “E loses the status of the management body and succeeds to its status by the management body.” Article 5 (Transitional Provisions concerning the Manager, etc.) provides that “The person who is to be a manager by the implementation of these regulations shall be a temporary manager, and the term of office shall be until the regular management body meeting is held in 2017,” respectively.

G above C.

Pursuant to Article 5 of the Addenda to the bylaws of the management body, the defendant's temporary manager shall be the defendant's regular manager around February 8, 2017, and the defendant's regular management body meeting shall be 00 on February 23, 2017.