Of the instant lawsuit, the part of the claim for confirmation of the absence of the status of custodian D is dismissed.

2. The defendant temporarily dated January 20, 2020.

1. Basic facts

A. The status of the parties in Gwangju Seo-gu consists of 838 households in total with business facilities and neighborhood living facilities with 30 stories underground and 30 stories above ground (hereinafter “instant building”). The exclusive use area is 30,291 square meters in total.

The defendant is a management body of the building of this case under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and the plaintiff and the plaintiff's supplementary intervenor (hereinafter referred to as the "participating") are sectional owners of the building of this case.

B. After the Defendant was established to hold the instant management body, the sectional owner E of the instant building was appointed as a manager at the temporary management body meeting on January 25, 2018, but the Gwangju District Court decided on August 7, 2019 that “E shall not perform his/her duties as the representative of the Defendant management body until the judgment on the merits of the instant case becomes final and conclusive, such as confirmation of invalidity of the resolution of the temporary management body meeting of Gwangju District Court 2019Kahap56208, the temporary management body meeting of this case.”

(Objection to Provisional Disposition 2019Kahap50304). Gwangju District Court 2019Kahap56208 decided December 19, 2019 declared rejection of the lawsuit by the above court in the case of confirming the invalidity of the resolution of the provisional management body meeting, etc., which became final and conclusive on January 6, 2020.

On January 10, 2020, the Defendant announced and notified the convocation of the extraordinary management body meeting and held the extraordinary management body meeting (hereinafter “instant management body meeting”) on January 20, 2020.

At the meeting of the instant management body, a resolution was made to appoint D as a manager (hereinafter referred to as the “resolution of appointment”) with the votes of 579 out of 838 total sectional owners (69.09%) and of 19,552 square meters (64.54%) out of total voting rights of 30,291 square meters (64.54%) among the total number of sectional owners of the instant building.

C. The Plaintiff filed an application with the Gwangju District Court for provisional disposition suspending the performance of duties against the appointed administrator D, and the above court partially accepted the Plaintiff’s application on June 22, 2020.