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1. It is confirmed that Nonparty C is not in the position of the defendant’s president and the representative for each floor level six to seven floors.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. The defendant is an autonomous management body composed of its occupants pursuant to the Housing Act and the Enforcement Decree of the same Act to manage B apartment units on the ground of Busan Dong-gu D (hereinafter "the apartment unit of this case"), and the plaintiff is the occupant of the apartment of this case.
B. From August 1, 2007 to July 31, 2009, C performed the Defendant’s 7th floor representatives and president positions, from August 1, 2009 to September 2009, from March 1, 2011 to July 31, 2011, the Defendant’s eightth floor representatives and president positions from March 1, 201 to July 31, 201, and the Defendant’s nineth floor representatives and president positions from October 1, 201 to July 31, 2013 respectively.
C. C was elected in the election for the 10th floor representative of the Defendant, who was held in around 2013, but it did not have been much long after the commencement of his term of office, and thus did not perform his duties thereafter.
C On September 23, 2015, from the 11st floor representatives of the Defendant, who was appointed on September 23, 2015, the Defendant was elected as the 6-7th floor representatives, and on October 26, 2015, from the Defendant’s 11th floor president election.
(hereinafter referred to as the “instant election” in combination with each of the above elections.
In the Enforcement Decree of the Housing Act amended on July 6, 2010, a provision that limits the importance of representatives of each building was newly established as follows, and a transitional provision that applies to the first time after the enforcement of the said provision to the representatives of each building.
The former Enforcement Decree of the Housing Act was amended by Presidential Decree No. 22254 on July 6, 2010, and was amended by Presidential Decree No. 24307, Jan. 9, 2013.
(a) The same shall apply;
(7) Article 50 (Composition, etc. of the Council of Representatives) (7) The term of office of the representative of each building shall be two years, but he/she may be reappointed only once.
F. The apartment of this case was enforced on May 25, 2006, prior to the enactment of the Enforcement Decree of the Housing Act on the limitation of rent.