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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a non-corporate body comprised of representatives from each Dong of A Apartment, a multi-family housing of at least 500 households in Dobong-gu Seoul Metropolitan Government (hereinafter “instant apartment”), and the Plaintiff is elected as the 22 representative of the instant apartment around January 2015 (term: from March 1, 2015 to February 28, 2017) of the instant apartment.
B. 1) The Defendant, on March 2014, 2014, is the E Co., Ltd. (hereinafter “E”) for the first time before organizing the Election Commission under D.
(2) The term of the consignment management agreement and the term of the consignment management agreement is from March 8, 2014 to March 31, 2017 (hereinafter “instant consignment management agreement”).
(2) Acts and subordinate statutes concerning the members and officers of the council of occupants' representatives and the management rules of the apartment of this case are as follows.
- Relevant statutes - Article 50 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016) (1) (1) Pursuant to Article 43(8)2 of the Act, the council of occupants' representatives shall consist of at least four persons, who are elected according to the constituency prescribed by the rules for collective housing management under Article 44(2) of the Act (hereinafter referred to as "management rules") in proportion to the number of households by buildings (hereinafter referred to as "representative by Dong").
In such cases, the constituency may be determined by combining two or more Dongs, or dividing by passage or floor.
(5) The council of occupants' representatives shall elect the following officers, from among the representatives of each building, with the consent of a majority of its members (referring to the prescribed number of members by the management rules, and referring to elected persons when two-thirds or more of the members of the relevant council of occupants' representatives
1. One chairperson;
2. At least one auditor;
(6) Notwithstanding the provisions of paragraph (5), for multi-family housing with at least 500 households, the representatives of each building through an ordinary, equal, direct, and secret election of all occupants, etc. according to the following classification: