1. The instant lawsuit shall be dismissed.

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

1. Determination on the defense prior to the merits

A. The parties’ assertion that the plaintiff appointed the non-party C as the manager on February 7, 2014 (hereinafter “the instant resolution”) is ① the written consent of 91 co-owners with the written consent of 135 co-owners with the written consent of 135 co-owners with their written consent at the time, and ② the instant resolution included in the quorum and the quorum, even though there is no proof of legitimate power of representation, is defective as to seven co-owners with the right to vote by proxy, and the resolution of this case included in the quorum and the quorum are not meeting the quorum and the quorum pursuant to the Defendant management rules. Accordingly, as long as the defendant is legally elected as the custodian on March 5, 2016, the lawsuit of this case is unlawful as there is no benefit of confirmation.

B. Determination 1) In a case where the management body meeting of the management body established under Article 23 of the former Act on Ownership and Management of Condominium Buildings (amended by Act No. 10204, Mar. 31, 2010) re-satisfys the previous resolution or re-satisfys the re-satisfys at the management body meeting which re-satisfyed after the resolution of appointment of executive officers was adopted, barring special circumstances such as the invalidity of the resolution of the management body meeting which re-satisfyed even if the initial resolution of appointment of executive officers was null and void, it merely lacks the requirement of protection of rights, barring special circumstances such as

In such cases, the reason that the new management body meeting was convened by the manager who was newly authorized to convene a meeting after the resolution of the management body meeting was invalid cannot be deemed as an independent reason for invalidation in principle. If it is deemed that it is invalid, it is the first reason for invalidation.