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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit shall be borne by I.
Reasons
1. Summary of the parties' arguments;
A. The Plaintiff’s assertion is a management body comprised of sectional owners of real estate listed in the separate sheet, which is a commercial condominium (hereinafter “instant building”).
Defendant B is responsible for the president of the shopping mall consisting of the lessees of some sections of the instant building. On December 20, 2010, Defendant E, the Director of the Management Office of the shopping mall on the ground of the instant building, along with the part connected to each point of the attached drawing 2 marks 1, 2, 3, 4, 5, 6, 7, and 1 among the first floor above ground, among the second floor above ground; the management office of the second floor above the ground (including the part used as a channel by the staff of the shopping mall); the part directly connected to the second floor above the instant building in order to avoid prohibited acts by the provisional disposition; the part directly and indirectly exercising the authority of the management office of the second floor above the underground (including the part used as a control room to avoid the provisional disposition; the part connected to each point in the order of 1,2,34,41 and the part used directly and indirectly by the Plaintiff, 31,361,14,15 and 14 of the underground floor above the third floor below.
In addition, Defendant C is an employee of the shopping mall, and Defendant D occupies the first floor control room as the vice-chairperson of the shopping mall, and Defendant F.C occupies the third floor mechanical room underground as the employee of the shopping mall. Defendant G leases the second floor management office underground from the shopping mall without authority to lease the common area, and Defendant H occupies and uses it again.
Since the possession of the Defendants is without authority, the Defendants are obligated to clarify each of the above possession parts to the Plaintiff.
B. A meeting, the resolution of April 29, 2010, which was adopted by the Defendants I to appoint the Defendants’ assertion as the administrator, is not a general meeting of the management body.