1. The instant lawsuit shall be dismissed.

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

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence Nos. 2, 3, and Eul evidence Nos. 1, 2, and 3.

Etel management body is a management body composed of all sectional owners of Etel located in Seocho-gu Seoul Metropolitan Government under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and the plaintiff is a sectional owner of the above officetel.

B. The Defendant was appointed as the manager at the management body meeting held on May 31, 2014 (hereinafter “instant management body meeting”).

2. The manager of the management body of the aggregate building to determine the legitimacy of the instant lawsuit is either appointed or dismissed by the resolution of the management body meeting (Article 24(3) of the Aggregate Buildings Act), and the Plaintiff appears to refer to the resolution that appoints the Defendant from the management body meeting of the instant case as the manager “election.” Thus, the Plaintiff’s claim is ultimately seeking confirmation of invalidity of the resolution that appointed the Defendant from the management body meeting of the instant case as the manager.

As to this, the defendant does not have any interest in confirmation, and thus, the defendant has no defense prior to the merits.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of a right. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment against the defendant in order to eliminate the risks of the plaintiff's rights or legal status, and thus, the defendant in a lawsuit for confirmation must be a person likely to cause unstable danger in the plaintiff's legal status by dispute over the plaintiff's rights or legal relations, and there is a benefit of confirmation against such defendant.

(See Supreme Court en banc Decision 96Da11747 delivered on October 16, 1997). A resolution of an organization is a decision-making of that organization.