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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The defendant is a local government established in order to represent the occupants and to support the affairs of each representative meeting by representing the occupants of the apartment complex located in Daejeon as its members.
B. After becoming a member of the Defendant based on the status of the representative of each Dong in Daejeon-gu Daejeon-gu, the Plaintiff was elected as the Defendant’s president through a special election on February 26, 2013 (the expiration of the term of office on December 31, 2013). On November 6, 2013, the Plaintiff was again elected as the Defendant’s fifth president on November 6, 2013 when the term of office expires.
C. However, the term of office of the representative for each Dong of the above C Apartment was expired on November 9, 2013, and the Plaintiff was not elected as the representative for each Dong in the next C Apartment election.
On March 7, 2014, the Daejeon District Court 2013Kahap1236 rendered a decision to appoint D as acting representative, on the ground that the Plaintiff, who lost the qualification of the representative of the above C apartment building, was disqualified as the Defendant’s executive.
E. Since May 20, 2014, D was appointed as the chairperson of the defendant on May 20, 2014, F, whose term of office expires, followed D, was appointed as the chairperson of the defendant on January 21, 2016, and the registration was completed on March 10, 2016 as the representative of F on the corporate register.
F. The main contents of the Defendant’s articles of incorporation pertaining to this case are as shown in the annexed sheet.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion was subject to a decision to suspend the performance of duties in the instant provisional disposition of suspending the performance of duties, but was again elected as the Defendant’s president on November 25, 2014, and was also elected as the Defendant’s president on November 27, 2015.
Nevertheless, Article 12(1) and Article 19(1) of the Articles of Incorporation (Relation to Disqualification of Members) deleted by a resolution at an extraordinary general meeting of November 6, 2013 are still valid.