1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The building in Seoul Central-gu C, D, E, and F ground B apartment 102 (hereinafter referred to as the “instant building”) is an apartment complex building consisting of 29 households of apartment (one household of the third floor, the fourth floor, and the fourth floor to the tenth floor above the ground) and two households of commercial buildings (one household of the underground first floor and the second floor) with the third floor below the ground and the tenth floor above the ground.

Defendant B apartment 102 council of occupants' representatives (hereinafter referred to as the "Defendant B apartment council") consists of the occupants or users of the apartment of the instant building, and was paid management expenses by having the general assembly and the president to maintain the instant building. The Plaintiff was the chairman of the Defendant B apartment council before G was elected as the chairman.

B. On August 28, 2012, 22 of the occupants or users of apartment houses with 29 households of the instant building obtained permission to convene an extraordinary general meeting for the election of the president of the Defendant’s council of occupants’ representatives by Seoul Northern District Court 2012 non-joint13, and H, among the instant buildings, on August 30, 2012, H, who was performing the duties of the president of the Emergency Countermeasure Committee of the instant apartment buildings, announced the convocation of an extraordinary general meeting to elect the president of the Defendant’s council of occupants’ representatives

C. On September 5, 2012, at an extraordinary meeting of the Defendant’s council of occupants’ representatives opened on September 5, 2012, G, an occupant of 602 apartment buildings of the instant building, was elected as the president of the Defendant’s council of occupants’ representatives (hereinafter “instant resolution”) with the consent of 19 members, among the occupants or users of 20 households, and the chairman of the election management committee on the same day announced that the said G was elected as the president of the Defendant’s council of occupants

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion is that the general meeting of September 5, 2012, which was the cause of the instant claim, was publicly announced by H, who is not an occupant or user of the apartment building of the instant building, is the management rules of the Housing Act and the Defendant’s council of occupants’ representatives.