1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Details of the disposition

The Plaintiff is the council of occupants' representatives of Gangnam-gu Seoul Metropolitan Government E and A apartment located in F (hereinafter "the instant apartment complex"), which is composed of 13 apartment complexes A1 complex located in Gangnam-gu Seoul Metropolitan Government (hereinafter "1 complex"), and 4 apartment complexes A2 complex A (hereinafter "2 complex") located in E (hereinafter "2 complex") and 330 households.

On October 20, 2016, the Plaintiff passed a resolution on the amendment of the management rules of the instant apartment complex (hereinafter “instant amendment”). The following provisions were newly established on October 20, 2016.

The Plaintiff reported the instant amendment to the Defendant on November 29, 2016, following the occupant’s vote on the instant amendment. However, the Defendant, on December 20, 2016, returned the instant amendment to the Defendant on the grounds that Article 11-2 of the instant amendment was inappropriate under Article 8(1) of the Multi-Family Housing Management Act, which provides that Article 11-2 of the instant amendment shall be divided into at least 50 households, and that it is inappropriate under Article 2(2)2 of the Enforcement Rule of the same Act, which provides that the Plaintiff shall make a decision with the consent of the majority of

【Unfounded grounds for recognition, the Plaintiff’s Intervenor’s assertion as to the legitimacy of intervention as to the entries of evidence Nos. 3 through 8 and the purport of the entire pleadings does not have any legal interest in the outcome of the instant lawsuit, and thus, the Defendant’s motion for intervention as a supplementary intervenor is unlawful.

Judgment

In order to intervene in a specific litigation case in order to assist one of the parties, there must be an interest in the outcome of the pertinent litigation. The term “interest” refers to a legal interest, not in fact economic or emotional interests, but in legal interests (see, e.g., Supreme Court Decision 2009Du5572, May 13, 2010). However, the management rules of the instant apartment complex are one complex and two complexes occupants.