1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

1. Basic facts

A. The plaintiff is the representative of the Dong, the defendant, as the representative of the Dong 106 unit of Daejeon Seo-gu B apartment complex (hereinafter "the apartment complex of this case"). The defendant was the council of occupants' representatives under the Housing Act consisting of the occupants of the apartment of this case.

B. On January 14, 2015, the Plaintiff attended the council of occupants’ representatives held at the meeting room of the instant apartment residents, and deliberated on the following matters: (a) the members present at the council of occupants’ representatives on the operation of the management office; (b) the matters concerning the operation of the controlled entity’s contract; and (c) the elevator and other matters concerning the contract; and (d) the Plaintiff did not sign and seal the minutes.

Accordingly, on February 4, 2015, the temporary meeting of the council of occupants' representatives, which was held again on February 4, 2015, all of the above agenda items, was subject to review, and passed a resolution with the consent of the members, and the plaintiff signed the above extraordinary meeting

C. On February 16, 2015, the written consent to the proposal to dismiss the Plaintiff, a representative of 106 Dong 106, among the total 99 households of the instant apartment, was received with the Defendant’s Election Commission (hereinafter “Election Commission”).

The reason for the removal proposal was ① Violation of Article 51(4) of the Enforcement Decree of the Housing Act (Matters to be resolved by the council of occupants' representatives), ② Violation of Article 30(Minutes) of the Management Rules (hereinafter, ② Violation of Article 30(Minutes)(1), ② Violation of Article 1(1) of the Management Rules, ③ Violation of Article 33(Duties and Responsibilities of the council of occupants' representatives) of the Management Rules (hereinafter, hereinafter,

On the other hand, the relevant statutes and the management rules of the defendant concerning the grounds for the dismissal proposal and the procedures for the dismissal of representatives by buildings are as follows.

(1) The council of occupants' representatives shall resolve the following matters with the consent of a majority of its members pursuant to Article 43 of the Act:

1.from 1.

9. The council of occupants' representatives: