1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the representative of the plaintiff.

1. Basic facts

A. The Plaintiff is a management body established by consisting of sectional owners in E-building, which is an aggregate building of the size of the 6th ground level above the 1st floor in Ansan-si. The Defendant is the sectional owners in F through G of the above E-building.

B. At the Plaintiff’s extraordinary general meeting held on November 19, 2006, C was elected as a custodian. At the time, C claimed that the term of office of an officer, including the Chairperson, was two years, at the time of the Plaintiff’s articles of incorporation, at the time of the Plaintiff’s term of office, C was two years, but the assertion

Even if we look back later, we do not change that the term of office of C has already expired as the plaintiff administrator.

In light of the record, C is not appointed as a new manager without fulfilling its obligations such as convening an extraordinary general meeting for the appointment of a new manager so far for more than 10 years, and it is necessary to correct it.

The decision was set as follows.

C. After the above extraordinary general meeting, no new administrator has been elected.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 8, Gap evidence 9, Eul evidence 28, the purport of the whole pleadings

2. First of all, whether the instant lawsuit is lawful, C is a person who has the Plaintiff’s legitimate representative qualification.

In principle, the relationship between a corporation and a director, who is an institution, is identical to the legal relationship between a delegating person and the delegated person, and when the term of office of a director expires, the delegation relationship should be terminated once, but if there is no director until the appointment of a succeeding director, a corporation, which is bound to act by an institution, is placed in a situation where it is impossible to suspend the normal activity of the party. This can be seen as the time when there is an urgent reason under Article 691 of the Civil Act. Thus, even if the term of office expires or resigns, there is no special reason to deem