1. A resolution that the Defendant appointed C as a custodian on May 20, 2015 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts

A. The Defendant is a management body of Suwon-si and two lots of ground condominiums B (hereinafter “instant building”) established under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”), and the Plaintiff is a sectional owner of the instant building, who is the Defendant’s member.

B. From May 16, 2015 to June 1, 2015, the Defendant submitted a written resolution to the effect that C is appointed as the Defendant’s custodian from the sectional owners of the instant building as of May 20, 2015 (hereinafter “instant written resolution”), and the voting rights exercised in such written form are the same as indicated in the “constition” column in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 9, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. In order to resolve the appointment of a manager under the Act on the Ownership and Management of Aggregate Buildings, a management body meeting must hold a resolution on the site of sectional owners and, even if a written resolution on household affairs is allowed, an agreement shall be reached in writing with at least 4/5 of sectional owners and voting rights. Since the Defendant appointed C as a manager through a written resolution and failed to meet the above written resolution requirements, the written resolution in this case shall be deemed null and void at any time.

B. A written resolution on the appointment of administrator under the Act on the Ownership and Management of Aggregate Buildings can also be made, and the defendant appointed C as the defendant's manager through legitimate written agreement of at least 4/5 of sectional owners and voting rights, and the written resolution in this case is valid.

3. Article 41 (1) of the Act on the Ownership and Management of Aggregate Buildings shall be deemed to have a resolution at the managing body's meeting if there exists an agreement in writing by four-fifths or more of both the sectional owners and voting rights regarding the matters determined to be resolved at the managing body's meeting;