1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. The Btel management body is a management body composed of all sectional owners of Seocho-gu Seoul Metropolitan Government Btel pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), and the Plaintiff is a sectional owner of the said officetel non-Dong 520.

B. On May 31, 2014, the management body held a general meeting of the management body and passed a resolution to appoint E as the manager, and D as the auditor (hereinafter “instant resolution”).

C. On May 31, 2015, the Defendant, the chairman of the election commission of the above management body, announced that E was a custodian, and D was elected as an auditor (hereinafter “instant announcement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The Plaintiff, as to the legitimacy of the instant lawsuit, asserts that the notice of this case was null and void on the ground that it was based on the false fabricated evidence, and sought confirmation of its invalidity against the Defendant.

As to this, the defendant asserts that the lawsuit of this case is unlawful because there is no benefit of confirmation.

However, 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 to eliminate the risks of the plaintiff's rights or legal status, and thus, the defendant of the lawsuit for confirmation must be a person who is likely to cause apprehensions 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). Meanwhile, a resolution of an organization is a decision-making of that organization, and the legal relationship arising therefrom belongs to that organization. Therefore, the existence or validity of a resolution made by an organization against that organization is determined.