1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

Attached Form

set out in the Schedule I.

1. Facts constituting the basis of the case

A. The defendant is a similar organization of the council of occupants' representatives comprised of representatives by Dong (hereinafter referred to as "Dong Representative") of B apartment units with 114 households, composed of three households located in Daejeon Jung-gu, Daejeon (hereinafter referred to as "the apartment units of this case").

B. The occupants of the instant apartment were elected at the residents’ general meeting, and the Defendant’s president was elected at the Dong representative meeting. From August 2003 to December 31, 2006, theO was elected as the president. From then until December 31, 2009, K was elected as the president.

C. At the Dong representative meeting held on February 25, 2010, there were conflicting opinions among the representatives on the issue of filing a claim for damages against O, who was the former president, at the Dong representative meeting held on February 25, 2010, the Plaintiff, who was the chairperson of the defendant, proposed the holding of

The participants passed a resolution on March 1, 2010 to dissolve the current executive organ and hold a general meeting of residents. D.

The plaintiff did not proceed with the procedures for holding the residents' general meeting.

On March 1, 2010, some occupants of the apartment of this case held a residents' general meeting and elected F, etc. as new Dong representatives, and such representatives gathered and elected K as the president.

E. K filed a lawsuit for damages on behalf of the Defendant against the O.

In the lawsuit, the first instance court (Seoul District Court 2010Kadan938) decided that the resolution of the dissolution of the executive branch at the meeting of the representative on February 25, 2010 cannot be deemed to mean the resignation of the representative because only the representatives elected before the residents' general meeting on March 1, 2010 are legally qualified.

K, etc. elected by the residents' general meeting held on March 1, 2010 cannot be deemed a legitimate Dong representative of the apartment of this case, and K, elected by that representative, cannot be deemed a legitimate representative of the defendant.

"The Court of Appeals" has dismissed the lawsuit on the grounds of its reason, and the appellate court (Sek District Court 201Na8766) and the Supreme Court of Appeals (Supreme Court 2011Da10307) are also the same.