The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The plaintiff is the tenant of Busan Southern-gu B apartment (hereinafter "the apartment of this case"), and the defendant is an organization composed of occupants, etc. to perform election management duties concerning the election of representatives by buildings for the formation of the council of occupants' representatives and the election of the chairperson and auditors of the council of occupants' representatives.

B. The Plaintiff filed an application for registration as a candidate for the president in accordance with the public announcement of the registration of the candidate to elect the chief executive officer (the president and the auditor) of the instant apartment, and subsequently, on December 20, 2019 and December 21, 2019, the Plaintiff obtained the highest number of votes from the election of the president of the council of occupants' representatives conducted on December 21, 2019

C. However, the Defendant, when holding a meeting of the Election Commission on December 29, 2019, and where the Plaintiff spreads false facts about the raising rate of management expenses in 2019 while conducting an election campaign, thereby making an election campaign under Article 25 Subparag. 5 and Article 25 of the Election Management Regulations (Restriction on and Prohibition of Election Campaign) of the instant apartment, is prohibited from doing any of the following acts:

5. The decision was made to invalidate the election of the plaintiff on the ground that he spreads false facts with the intention of influencing the result of the election, or defames the candidate or his family members.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, and 8, the purport of the whole pleadings

2. The rate of increase in the management expenses of the apartment of this case, which the plaintiff alleged in the plaintiff's assertion, distributed while conducting the election campaign, is not false, but is somewhat wrong.

Even if there was no influence on the result of the election, the defendant is obligated to confirm that the plaintiff was elected as the chairperson in the above executive election, and to confirm that the decision to invalidate the election is null and void.

3. Prior to determining the Plaintiff’s assertion regarding the legitimacy of the instant lawsuit, the instant lawsuit is instituted ex officio.