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.

1. Basic facts

A. The Plaintiff is an occupant of Daegu Suwon-gu D (hereinafter “instant apartment”). Defendant B (hereinafter “Defendant B”) is the housing management operator of the instant apartment from January 1, 2012, and Defendant C was the chairman of the council of occupants’ representatives at the time of December 2011.

B. On October 31, 201, the council of occupants’ representatives of the apartment of this case announced a public announcement for the selection of a housing management operator on October 31, 201, and Defendant B won a successful bid in the middle of November 201, and was selected as a housing management operator.

C. On October 17, 2011, the council of occupants’ representatives decided to revise the term of contract under Article 45(2) of the Management Rules from three to two years. As a result of the majority of all occupants, the said rules were promulgated and announced on November 29, 201.

On October 31, 2011, the term of the housing management operator's contract was determined and publicly announced for three years at the time of the public announcement of the housing management operator's tender.

E. Details related to entrusted management among entrustment contracts concluded by the council of occupants' representatives of the apartment of this case and Defendant B are as follows.

Article 2 (Entrusted Management Affairs) (1) Management affairs to be entrusted by A to B shall be as follows:

1. Affairs of the managing bodies under the subparagraphs of Article 5 (1) and the subparagraphs of Article 25 of the Enforcement Decree of the Housing Act;

2. In addition to the affairs referred to in subparagraph 1, matters prescribed as the duties of the managing body by the Housing Act, the Enforcement Decree of the same Act, and the Enforcement Rule thereof.

Article 5 (Organization of Entrusted Management Organization) (1) A shall establish an entrusted management organization whose general manager is the head of the management office in the management office of A.

(2) The entrusted management organization shall assign the following human resources:

1. Personnel for clerical services: two persons;

2. Technical manpower: Three persons; and

3. Guard manpower: Six persons; and

4. Cleaning manpower: Eight persons; and

5. Other manpower: Seal.

F. The Plaintiff filed a complaint against Defendant B’s representative director E and Defendant C on charges of occupational breach of trust, etc., but the prosecutor on March 30, 2015.