1. On March 3, 2005, the purport that Defendant BF is appointed as a receiver at the general meeting of the Defendant BE Management and Operation Council.

1. Basic facts

A. The Plaintiffs and Defendant BF are sectional owners of the building “BE” (hereinafter “instant building”) that is a sales and business facility of the 4th underground and 9th above ground in Seongdong-gu Seoul. Defendant BF owns a large number of sectional owners, including the Plaintiffs, and the rest of the sectional owners (hereinafter “small Equity Right Holders”) own each of the respective sectional owners including the Plaintiffs.

B. The sectional owners of the instant building held the inaugural general meeting (hereinafter “instant inaugural general meeting”) of the Defendant BE Management and Operation Council (hereinafter “Defendant Council”) with all sectional owners as members on March 11, 2003, when the disputes arise continuously between Defendant BF and the minority right holders surrounding the management and operation method of the instant building. The inaugural general meeting of this case passed a resolution to enact the rules of the Defendant Council. The said rules are stipulated under Section 24 of Section 3 (hereinafter “instant rules”). In order to coordinate the interests of Defendant BF and the minority right holders as above, the said rules were to have one chairperson, one auditor, and one chairperson and one auditor elected by the general meeting of the Defendants BF and the minority right holders (hereinafter “instant rules”).

C. On March 3, 2005, the Defendant Council held a general meeting and elected Nonparty BH from among 210 persons who participated in the above general meeting from among the 210 members of the sectional ownership at the time following the voting procedure by the chairman of the board of right holders of the lawsuit. Defendant BF was elected by the method of accepting Defendant BF recommended by the above BH without voting procedure. The above general meeting decided to appoint Defendant BF and BH as co-manager of the Defendant Council (hereinafter “the instant resolution”).

Defendant BF is the Seoul Eastern District Court 2013Kahap110 on April 3, 2013.