1. All of the instant lawsuits are dismissed.

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

Basic Facts

A. Defendant B is the chairman of the E council of occupants’ representatives (hereinafter referred to as the “council of occupants’ representatives”) composed of the representatives of occupants in Daegu-gun D (hereinafter referred to as the “instant multi-family housing”), and Defendant C is the chief management office of the management office, which is the managing body of the instant multi-family housing (hereinafter referred to as the “management office”).

B. The Plaintiff was the chairman of the instant election commission of multi-family housing (hereinafter “the instant election commission”). Around December 15, 2019, the council of occupants’ representatives passed a resolution to dismiss all members of the instant multi-family housing commission (hereinafter “the instant resolution of dismissal”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 and 11, and the purport of the whole argument as to the plaintiff's dismissal resolution of this case does not have any justifiable ground to dismiss pre-ranking members including the plaintiff, and the procedure of resolution is also invalid or non-existent. Thus, this judgment is sought as stated in the purport of the claim.

Judgment on the Defendants’ defense of this case

(a)in a lawsuit seeking confirmation of the status of the representative or a partner of an association which is not a legal entity, a judgment citing the claim shall be rendered where the suit is filed against the representative or the individual partner;

Even if the judgment cannot be effective to the relevant organization, it cannot be the most effective and appropriate way to resolve the dispute between the parties surrounding the status of the representative or members. Thus, the claim against the representative or members without the organization is unlawful because there is no benefit of confirmation.

(see, e.g., Supreme Court Decision 2011Da101155, Feb. 16, 2015). The council of occupants’ representatives of multi-family housing is an unincorporated association consisting of representatives of each building elected in proportion to the number of households of each building. Thus, seeking nullification of a resolution of election of the representatives of each building is ultimately eligible for membership of the council of