1. The instant lawsuit shall be dismissed.

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

Basic Facts

Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), the Plaintiff is an organization consisting of sectional owners of “A award” in Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as “instant commercial building”).

On the other hand, “Amerial Association” (hereinafter “instant prosperity”) is a non-corporate association established for the purpose of developing and managing and operating the instant commercial building by designating the sectional owners and lessees of the instant commercial building as its members.

The plaintiff also has the nature of the management body under the Act on the Ownership and Management of Aggregate Buildings and the meeting of this case.

The defendant is the owner of the fourth floor of the commercial building of this case 408.

After the lapse of the dispute between the plaintiff and the defendant, the defendant was appointed as the chairperson of the Council of this case on October 6, 2002, and his term of office expired on October 5, 2004.

D, on June 18, 2008, at the Seoul Northern District Court 2008Gahap4777, filed a lawsuit against the instant prosperity to confirm the existence of the president and manager of the instant prosperity, on the ground that the Defendant continues to perform his duties unfairly despite the expiration of his term of office as the president and manager of the instant prosperity.

On October 17, 2008, the above court rendered a judgment to confirm that the defendant is not in the position of the president and manager of the Subdivision of this case.

Seoul High Court 2008Na100253 appealed. On March 19, 2009, the conciliation was concluded that “The instant prosperity Association and D shall suspend the Defendant’s performance of duties as the chairperson and manager of the instant prosperity Association between the instant prosperity Association and D, but, as a third party’s presence, conduct an extraordinary general meeting aimed at appointing the chairperson and manager of the instant prosperity Association.”

According to this conciliation, the instant prosperity held a special meeting for the appointment of the president twice, but falls short of the quorum, etc.