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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
. Details of the disposition; and
A. On July 10, 2014, the Plaintiff resolved to amend the management rules to prepare a draft amendment of the management rules and report it to the Defendant. On August 2014, the Plaintiff reported the instant draft amendment to the Defendant on September 30, 2014, with the consent of the majority of the residents on the draft of the management rules of collective housing (Enforcement on September 1, 2004; hereinafter “instant draft amendment”).
B. On October 1, 2014, the Defendant issued a disposition to order the Plaintiff to delete the foregoing provision by November 28, 2014 (hereinafter “instant disposition”) on the ground that “The following provisions in the instant amendment violate the Housing Act and the Rules of the Busan Metropolitan City Management Rules, and infringes on the fundamental rights of occupants, etc. of multi-family housing” (hereinafter “instant disposition”).
Article 10-1 [Restrictions on Partial Rights of Residents, etc.] of the provision to delete (hereinafter “instant deleted provision”) provides that “All freedom and rights of citizens may be restricted for national security, maintenance of order or public welfare,” and in the same context, the following persons shall be restricted to conduct in the apartment of a party, which is a private autonomous concept.
1. When occupants, etc. request the presentation, disclosure, etc. of data for the purpose of filing a malicious complaint, accusation, civil petition, or other bad faith;
2. In relation to apartment business, a person who has been sentenced to criminal punishment of a fine or more due to embezzlement, interference with business, qualification and name of the chairman of the election management committee, alteration of private documents, etc. at least one million won, a person who has been sentenced to criminal fines at least one million won, and a person who has been affiliated therewith, who has restricted the overall rights of the occupants in order to prevent the occurrence of a malicious or habitual accusation committed for the purpose of harming the council of occupants' representatives, the occupants' representatives' representatives, and the management body, but has restricted the inspection of documents, reproduction, etc. of apartment business requested by the council of occupants