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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts are found to be either in dispute between the parties or in full view of the purport of the entire pleadings in each description of evidence Nos. 1, 2, 5, 6, 5 and 9:
A. The Plaintiff, from around 2004 to December 31, 2010, is a person who served as the president of the council of occupants' representatives of the Busan Young-gu, Busan, and the Defendant is a person who served as the director of the management office of the above apartment from March 201 to December 31, 201.
B. Of the C Apartment Management Rules, the provisions relating to the organization of the election commission to elect the chairman and representatives by buildings of the council of occupants' representatives are as follows:
Article 35 [Commissioning and Organization of Members] (1) Members of an election commission organized by themselves pursuant to Article 50-2 (1) of the Enforcement Decree of the Housing Act shall be commissioned by the chairperson of the council of occupants' representatives (the head of the management office where the council of occupants' representatives is not
1. Two persons recommended by the chairman of the council of occupants' representatives;
2. One person recommended by the head of management office.
3. Not more than one person recommended by the head of a Tong or Ban under the Local Autonomy Act.
4. Not more than one person recommended by the Senior Citizens' Council. (2) When a person referred to in any subparagraph of paragraph (1) fails to make a recommendation within seven days from the date he/she receives a notification, the chairperson of the council of occupants' representatives may openly recruit and commission persons who desire from among occupants
(3) Where the Committee is not organized, notwithstanding paragraph (1), the head of a Si/Gun/Gu may commission members from among persons who have extensive knowledge and social experience, and occupants, etc. shall comply therewith.
C. On January 4, 2011, the members for the election management of the 10th apartment representing the apartment complex were publicly announced on commission around January 4, 201, and D was elected as the chairman of the election commission by a resolution of the election commission.
The election of the representative for the formation of the 10th council of occupants' representatives was held on July 26, 201 and elected by the representatives of each Dong, and E was at the council of occupants' representatives at the 10th council of July 28, 201.