1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (the appointed party).

1. Facts of recognition;

A. Defendant C building management unit (hereinafter “Defendant management unit”) is a management body established for the purpose of managing the C building which is an aggregate building constructed on the D ground of Ansan-si unit D, Ansan-si, and its site and attached facilities, and the Plaintiff (the appointed party) and vesselmen (hereinafter “the Plaintiffs”) are divided owners of the above C building.

B. Defendant B was appointed as the administrator of the Defendant Management Group at the ordinary meeting of the Defendant Management Group held on February 12, 2016. At the time, Defendant B’s term of office was set as one year from March 1, 2016, but was able to be reappointed only once.

(c)

The plaintiff (the appointed party) requested the Suwon District Court to appoint a temporary manager of the defendant's management team as the Suwon District Court Branch 2020 non-joint 614. On October 24, 2020, the above court appointed the attorney E as a temporary manager of the defendant's management team.

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. A. A lawsuit seeking dismissal of a custodian under Article 24(5) of the Act on Ownership and Management of Condominium Buildings is intended to deprive a custodian of his/her status as a custodian. As such, in cases where a custodian no longer has his/her status as a custodian due to resignation or expiration of his/her term of office, there is no legal interest in claiming dismissal (see Supreme Court Decision 2016Da23198, Sept. 28, 2018, etc.). (b) According to the above findings of recognition, Defendant B is not currently in his/her status as a custodian as of February 28, 2018.

2) Also, Defendant B has been temporarily performing his duties without appointing a new administrator of Defendant C’s Management Group.

Even if Defendant B cannot be deemed the manager of the Defendant Management Group, and as such, Defendant B cannot perform his duties any longer since the temporary manager of the Defendant Management Group was appointed.

3) Accordingly, the Plaintiffs.