1. The instant lawsuit shall be dismissed.

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

Facts of recognition

On July 12, 2010, the Plaintiff was elected as the chairperson of the Defendant at the council of occupants' representatives in Busan Shipping Daegu B Apartment (hereinafter “instant apartment”) and continued to perform his/her duties until May 2016.

On April 22, 2016, the Plaintiff opened the neighbor's meeting to gather opinions from the occupants to hold an election of the president of the council of occupants' representatives, and decided to receive an application from the president by May 27, 2016, and publicly announced it.

However, on May 20, 2016, the Plaintiff convened a meeting in the apartment management office of the instant apartment in which the general secretary C and auditor D were present on May 20, 2016 due to the absence of a candidate’s application, claiming the “council of occupants’ representatives” was convened, and the decision to reappointed the Plaintiff in the said office (hereinafter “instant decision of reappointment”).

After that, on July 2016, the residents of the neighborhood meeting, which were issued by them, have opened meetings in the form of the neighbor's meeting and opened a door-to-door visit, and have 82.7% consent of the total household, the council of occupants' representatives dismissed the plaintiff from the chairman of the council of occupants' representatives and appointed E as the representative

The contents of the former Enforcement Decree of the Housing Act and the management rules of the apartment in this case are as follows.

(8) The term of office of the representative of each Dong shall be two years, and he/she may be reappointed only once.

[Management Rules of the apartment of this case] Article 15 (Qualification, etc. for Representatives of Residents of each Dong) (1) Residents, etc. shall be elected in proportion to the number of households of each Dong, but the total number of members shall be six.

(2) The representatives of each Dong (hereinafter referred to as the "representatives' representatives") shall be elected with the consent of a majority of the occupants, etc. of the relevant Dong.

No person who falls under any of the following subparagraphs shall become a representative of occupants:

(hereinafter referred to as "the term of office of representatives of occupants") shall be one year (from May 1 of the relevant year to the end of May of the relevant year), and they shall be reappointed only once.