1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On February 11, 2017, the Plaintiff was respectively elected as the Dadong representative, and on March 4, 2017, as the president of the council of occupants' representatives of the instant apartment.

On December 1, 2017, the Defendant decided to dismiss the Plaintiff from the chairman of the council of occupants' representatives on the grounds that “the Plaintiff installed the app subject to the control of the manager’s vehicles in the personal mobile phone, supervised the occupants by CCTV in the management office, and engaged in unreasonable personnel intervention in the management office,” and requested the instant procedure for the dismissal voting to the election commission.

On January 16, 2018 to January 17, 2018, the apartment election commission of this case conducted on-site voting and door-to-door voting procedures for the dismissal of the chairman of the council of occupants' representatives against the Plaintiff. The Plaintiff was dismissed on January 17, 2018.

(hereinafter “instant dismissal”). On the other hand, D was elected as the president of the council of occupants’ representatives of the instant apartment on February 13, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 (including branch numbers) and the purport of the whole pleadings, the plaintiff asserts that the dismissal of this case is null and void, and the plaintiff seeks confirmation as to the legitimacy of the lawsuit of this case ex officio prior to such examination.

If an executive officer of a certain organization is dismissed by a resolution of the general meeting before the expiration of his/her term of office and was appointed as a new executive officer at the new general meeting, barring special circumstances, such as where the resolution of the new general meeting is a procedural defect other than that of the general meeting convened by an unentitled person, the absence or invalidation is recognized due to the defect of the contents, or where the resolution is revoked, seeking confirmation of the absence or invalidation of the resolution, even though the resolution of dismissal is null and void, is seeking confirmation