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1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a management body composed of all sectional owners pursuant to Article 23(1) of the Aggregate Buildings Act for the management and operation of the instant aggregate building, its site, and its appurtenances. The Plaintiff is a company that has been entrusted with the management of the said building by E association, which is the seller of the instant aggregate building, pursuant to Article 9-3(1) of the Aggregate Buildings Act.
B. From November 2017 to December 2017, 108 among the sectional owners of the instant condominiums issued a temporary written consent to convene a management body meeting that delegates the procedures, such as a temporary notice of convening a management body meeting, to the promotion committee for the appointment of managers of the instant condominiums (hereinafter “promotion committee”) for the establishment of the management rules of the instant condominiums from November 201 to December 2017.
C. On September 13, 2018, upon such delegation, F, the chairperson of the Promotion Committee, notified the sectional owners of the instant condominium building of convening a temporary management body meeting on October 9, 2018.
According to the above notification, at a temporary management body meeting (hereinafter “temporary management body meeting of this case”) held on October 9, 2018, a resolution was made to select C as a defendant’s manager (the resolution of this case) with the consent of 256 persons from among the 476 persons holding a sectional ownership of the instant aggregate building, and the consent of 8,393.75 square meters from the total area of exclusive ownership (5,092.38 square meters: 55.62%) from among the 476 persons holding a sectional ownership of the instant aggregate building, and the consent of 8,393.75 square meters from the total area of exclusive ownership (the consent of this case: 5.62%). On March 21, 2018, the Defendant requested the Plaintiff to transfer the management affairs of the instant aggregate building to the Plaintiff, but the Plaintiff did not comply with such request by the competent court (Seoyang District Court support 2018hap1050), and on March 29, 2019.