1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Basic facts

A. The Plaintiffs are the occupants of the Gyeonggi-do Incheon Metropolitan City apartment complex C (hereinafter “instant apartment”).

B. D around February 22, 2012, at the 1st council of occupants' representatives, the first council of occupants' representatives of the apartment of this case was elected as D Dong representative, and performed the duties of D Dong representative for about one year and two months from the time to April 30, 2013. The second council of occupants' representatives of the apartment of this case was elected as D Dong representative for each Dong, and again, performed the duties of D Dong representative from May 1, 2013 to April 30, 2015.

C. D was elected respectively as the Ddong representative of the third council of occupants' representatives on March 20, 2015, and as the chairman of the third council of occupants' representatives on April 16, 2015.

The Plaintiffs filed a provisional injunction against D on September 3, 2015 against D on the ground that D’s election was invalidated by violating D’s provisions on restriction on mid-term appointment, and accordingly, this Court rendered a provisional injunction on September 3, 2015 that “D shall not perform its duties as the representative of the instant apartment building and the chairperson of the Defendant until the judgment of this case became final and conclusive.”

Although D's immediate appeal (Seoul High Court 2015Ra20834) was filed on May 19, 2016, D's reappeal was filed to the Supreme Court on June 27, 2016, and D's reappeal was dismissed on August 19, 2016 because it did not submit a written reappeal to the Supreme Court on June 27, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 5, 8, and 15, and the purport of the whole pleadings.

2. Whether the lawsuit in this case is legitimate or not, Article 18 of the Management Rules of the apartment of this case provides that "the term of office of the representative of each Dong shall be from May 1 to April 30 of the following year (2 years), and may be renewed only once." However, D acted as the representative of each Dong of the first and second Council of Residents' Representatives and was elected again as the representative of the third building of this case, even though he/she was appointed as the representative of the first and second Council of Residents' Representatives, and based on his/her status, he/she shall be