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1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
purport.
Reasons
1. Basic facts
A. The Defendant is an organization consisting of seven representatives from each Dong elected in proportion to the number of households of each Dong for the purpose of managing the instant apartment, etc., and the Plaintiff is a person who was elected as the representative of the 201 unit in an election to elect representatives from each Dong of the instant apartment 9, the term of office of which is from July 1, 2015 to June 30, 2017.
B. On February 3, 2016, the Defendant dismissed the Plaintiff, by a resolution of an open council of occupants’ representatives, requested the instant apartment commission to proceed with the dismissal procedure against the Plaintiff.
After that, as a result of the voting conducted by the apartment election commission of this case, the dismissal of the plaintiff was decided with the consent of a majority of the voters in the relevant constituency, and the result of the voting was announced on March 8, 2016.
(hereinafter “Dismissal of this case”). 【No dispute exists in the ground of recognition, Party A’s 2, Party B’s 2, Party B’s 11, and Party 14 (including number; hereinafter the same shall apply), and the purport of the entire pleadings.
2. Determination on this safety defense
A. The plaintiff asserts that the procedure of the dismissal of this case is unlawful, and that it is null and void due to no reason for dismissal, and that the plaintiff is seeking confirmation that he is the representative of the 201 apartment complex of this case. The defendant asserts that there is no benefit to seek confirmation since the term of office of the plaintiff
B. The lawsuit in this case aims at restoring the Plaintiff’s status as the representative of the 201 unit. As seen earlier, the Plaintiff’s term of office from July 1, 2015 to June 30, 2017, and according to the written evidence Nos. B No. 17 and 18, the election commission of this case’s apartment from June 1, 2017 to June 30, 2019, and the election commission of this case’s apartment from July 1, 2017 to June 30, 2019 and completed the public announcement of the elected person’s term of office until June 9, 2017.