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1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against B who is represented by the plaintiff.
Reasons
1. Details of the disposition;
A. On December 16, 2016, the Defendant accepted on December 6, 2016 the 11st council of occupants’ representatives report (hereinafter “instant report”) consisting of the following details:
(Then, a report on a change in the composition of the council of occupants' representatives filed on January 6, 2017, which added "C" as a member of the council of occupants' representatives, was accepted on January 13, 2017: The term of office of the council of occupants' representatives of A apartments: From January 1, 2017 to December 31, 2018: the current status of the report on the composition of the council of occupants' representatives: 12 / the current status of the council of occupants' representatives: B: F, G, H, I, and J.
B. The Defendant: “B reported as the president of the Plaintiff, who was the representative of the Plaintiff, had been appointed as the representative of the Plaintiff on three occasions from January 1, 2007 to December 31, 2008 (the sixth period); from January 1, 2009 to September 30, 2010, the term of office was up to December 31, 2010; and the resolution of dismissal was made on September 30, 2010 (the seventh period); and from January 1, 2015 to December 31, 2016, the Defendant issued a disposition under Article 13(2) of the Enforcement Decree of the Multi-Family Housing Management Act (the Enforcement Decree of the Multi-Family Housing Management Act (the Enforcement Decree of the instant case), which restricts the number of used houses to appoint the representative of each Dong on three occasions, and thus becomes null and void under Article 13(1)4 of the former Multi-Family Housing Management Act (the Enforcement Decree of the instant case’s provision).”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. The main text of Article 19(1) of the Defendant’s existing management rules, which existed before the enforcement of the provision of the Enforcement Decree of this case’s assertion, limited the number of representatives among each Dong to one time.
However, the provisions of the foregoing restriction on probation shall be applied when a candidate runs alone in accordance with the proviso of the same paragraph.