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1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Basic Facts
The plaintiffs are lessees who moved into the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City C Apartment Complex 2 (hereinafter referred to as the "instant multi-family housing complex"), and the defendant is the council of lessees' representatives comprised of lessees in the instant multi-family housing complex pursuant to Article
From May 1, 2009 to April 30, 2010, F, etc., served as the chairperson of the Defendant’s fifth period. The Plaintiff A served as the chairperson of the Defendant’s sixth period from May 1, 2010 to April 30, 201, and D served as the chairperson of the Defendant’s seventh period from May 1, 201 to April 30, 201.
On September 11, 2013, the election commission under the jurisdiction of the defendant, including the registration of the plaintiffs' candidates for executive officers, (hereinafter "the election commission of this case") announced the appointment of executive officers on September 8, 2013, and the plaintiff A and D completed the candidate registration as the chairperson of the defendant, and the plaintiff B and E as the defendant's auditor.
On September 17, 2013, the instant election commission, including Defendant Management Rules, deprived the Plaintiffs of the eligibility for candidate on the grounds that the candidate was disqualified under Article 14(2)4 (hereinafter “instant provision”) of the Defendant Management Rules (hereinafter “instant management rules”), after examining the eligibility of the candidates including the Plaintiffs, on or around September 17, 2013. The parts related to the instant case in the instant management rules are as follows.
Article 10 (Resolution) (1) of the Management Rules of this case shall adopt a resolution with the consent of a majority of lessees:
Provided, That in the case of subparagraph 5, a resolution shall require the consent of at least 2/3 of lessees.
1. Amendment of the Do for the enactment of the management rules;
2. Enactment and amendment of the various regulations necessary for the election management;
3. A request for conducting an accounting audit;
4. Other matters referred by the representative meeting of lessees.
5. Article 14 (Representative of Lessee) (1) The representative of Lessee shall be the chairperson, vice-chairperson and auditor, and the lessee shall be the chairperson, vice-chairperson and four auditors, respectively;