1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiffs are the co-owners of the Seoul Dongdaemun-gu E shopping mall (hereinafter “instant shopping mall”).

B. The Defendant is an organization formed with all sectional owners as members for the purpose of implementing the project relating to the management of the instant commercial building and its site and its accessory facilities in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

C. On February 29, 2008, the Defendant enacted the management body rules, and on June 27, 2009 and April 24, 2010, the above management body rules were successively amended.

(hereinafter the above management body's rules are referred to as "the management body's rules of this case"). [Grounds for recognition] Gap's evidence Nos. 1 and 3, and the purport of the whole pleadings.

2. In order to establish, modify, or abolish the management rules pursuant to Article 29(1) of the Act on the Ownership and Management of Aggregate Buildings, the consent of at least 3/4 of sectional owners and at least 3/4 of voting rights is required at the management body meeting. The defendant did not go through the above procedure while amending the management body regulations on April 24, 2010.

In other words, the management body agreement of this case revised on April 24, 2010 is invalid because there is no resolution meeting the quorum as stipulated in Article 29 (1) of the Aggregate Buildings Act.

3. Determination on the defense prior to the merits

A. In a lawsuit seeking confirmation of the summary of the parties' assertion 1, there should be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation is recognized only when the defendant is the most effective means to obtain confirmation judgment against the defendant, and to eliminate such unstable or risk. Thus, the validity of the bylaws of the instant management body cannot be deemed to be related to the existing unstable or risk in the rights or legal status of the plaintiffs. Thus, there is no benefit of lawsuit in this case.