The plaintiff (appointed party)'s claim is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Basic Facts

The Seongbuk-gu Seoul building B(hereinafter referred to as the "B") was constructed around 1980, and the underground floor, the first floor, the second floor, and the third floor were classified by each unit, the fourth and the fifth floor were registered in the collective building register, and each registration of preservation of ownership was completed. Since the fire occurred in around 1995, while the repair work was performed after the fire occurred, the building B was removed in the underground floor, the first floor, and the second floor were removed, and the sectional ownership was extinguished and co-owned.

The plaintiff (Appointed Party, hereinafter referred to as the "Plaintiff") and the Appointor D are married with the plaintiff, the Selection E is the number of plaintiffs, and the plaintiff and the Appointor are co-ownerships of the underground floor.

The defendant around April 2008 is a non-corporate body that was established by having the owners of underground floors as its members in order to perform all the affairs related to the maintenance, repair, management, lease, etc. of underground floors.

C Around April 2008, the Defendant was appointed as the president of the Defendant at the Defendant’s ordinary general meeting and was reappointed at the Defendant’s general meeting every three years thereafter. On April 7, 2017, around 16:00, the Defendant held a general meeting (hereinafter referred to as “instant general meeting”) at the F cafeteria where B was on the first floor, and 34 of co-owned share holders attended the meeting (eight written resolution), and passed a resolution to appoint C as the Defendant’s president (hereinafter referred to as “instant resolution”), and C is working as the Defendant’s president until now.

Article 3 (Qualification, Rights and Duties) Members of the Articles of Incorporation shall be the owner of the underground floor and shall faithfully implement responsibilities and duties.

Article 4 (Organization and Officers) (1) The executive officers of the Council shall be comprised of one chairperson, one chief vice-chairperson, five vice-chairpersons, and two auditors.

The chairperson and the auditor shall be elected at the general meeting at least a majority of incumbent members and with concurrent votes.

(4) The terms of office for executive officers of the once shall be three years.

Provided that it may be reappointed.