1. All of the instant lawsuits are dismissed.

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

Details of the disposition

The council of occupants' representatives of Songpa-gu Seoul Metropolitan Government apartment B (hereinafter referred to as "the apartment of this case") decided to amend the management rules on November 10, 2016, and on November 11, 2016, requested the plaintiff, who was in office as the chairperson of the apartment election commission of this case, to provide the resident consent and the ballot counting for the above amendment.

On November 17, 2016, the Plaintiff responded to the council of occupants' representatives of the instant apartment complex to the effect that “the subject of the amendment of the management rules is unclear, and the amendment of the management rules is made,” and that “the Plaintiff shall deliberate and decide on the request of the council of occupants’ representatives after the completion of the election duties of the fifth representative representative election.”

On February 15, 2017, the Defendant filed a civil petition against the Plaintiff on the grounds of refusing to vote on the amendment of the above management rules, and notified the Plaintiff of administrative guidance to perform his duties as election management members. On August 21, 2017, the Defendant ordered the Plaintiff to perform the duties of administering and counting the amendment of the management rules by September 20, 2017 pursuant to Article 93(1) of the Multi-Family Housing Management Act.

(2) On April 22, 2018, the election commission newly elected the apartment of this case as to the instant apartment of this case on the following facts: (a) there is no dispute; (b) Gap evidence Nos. 1, 9; and (c) Eul evidence Nos. 3, 4, 18, and 19; and (c) the purport of the entire pleadings; and (d) the Defendant’s order to implement this case on April 22, 2018, there is no interest to file a lawsuit seeking nullification or revocation of the instant implementation order.

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

Article 93 (1) of the Multi-Family Housing Management Act shall be applied to occupants' representatives, members of the council of occupants' representatives, the management entity, the head of the management office, an election committee, or its members, etc. in certain cases.