1. The plaintiff's lawsuit of this case against the defendant is dismissed.

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

1. Judgment on the Defendant’s main defense

A. The defendant's assertion that the defendant retired from the chairperson of the C apartment council of occupants' representatives (hereinafter "the council of occupants' representatives of this case"), and as D is newly appointed as the chairperson, there is no interest in the lawsuit of this case.

B. 1) Determination 1) Where a lawsuit is filed against a representative or an individual of a relevant legal entity in a confirmation lawsuit as to the status of the representative or member, even if the judgment citing such claim is rendered, the judgment cannot be deemed to have an effect on the relevant entity, and thus, it cannot be the most effective and appropriate method for fundamentally resolving disputes between the parties surrounding the status of the representative or member. Thus, a claim filed against a representative or an individual of a member without an organization against it is unlawful as there is no benefit of confirmation (see, e.g., Supreme Court Decision 2011Da10155, Feb. 16, 2015).

Even if the judgment cannot be seen as effective to the council of occupants' representatives of this case, it cannot be the most effective way to resolve the dispute between the parties surrounding the defendant's position as the chairperson of this case.

Furthermore, after the defendant was subject to the provisional disposition suspending the execution of duties by the court, D was elected as the chairman of the council of occupants' representatives of this case through a special election, and on November 29, 2017, the report was accepted on December 6, 2017, and D performed the duties of the chairman of the council of occupants' representatives of this case during the defendant's remaining term of office (before July 8, 2018), the fact that D performed the duties of the chairman of the council of occupants' representatives of this case during the defendant's remaining term of office (including the serial number) is either disputed between the parties or all pleadings are made.