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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts without dispute;
A. The Defendants are members of the Gangnam-gu Seoul Metropolitan Council for A Apartment Korea (Defendant 1 to 12) or officers and Dong representatives (Defendant 1, 2, 13 to 21) of the council of occupants' representatives of the above apartment 19 units.
B. On January 26, 2011, in the case of a provisional disposition suspending the performance of duties against the 19th council of occupants' representatives including Defendant 13 through 21 against the officers of the 19th council of occupants' representatives and the 24th council of occupants' representatives (Seoul Central District Court 2010Kahap131), the court rendered a provisional disposition that "the process of selecting the 19th representative representative is defective in the composition of the original committee in charge of the election management, and the procedure is also serious defect. Therefore, it is reasonable to deem that the election of the 19th representative as the 19th council of occupants' representatives is null and void. The N et al. has elected the 19th council of occupants' representatives as the chairperson and the officers of the 19th council of occupants' representatives until the final and conclusive judgment on the merits is null and void, and the attorney X is appointed as the acting representative during the period of suspension of duties as the chairperson of N's council of occupants' representatives."
C. Nonparty W and 43 filed a lawsuit on the merits of the above provisional disposition against the senior committee members and the officers of the 19th council of occupants' representatives against the senior committee members and the senior committee members (Seoul Central District Court 2010Gahap100181) claiming the confirmation of the absence of a member qualification.
On June 16, 2011, the court does not affect the rights and obligations of the occupants by itself, but affect the rights and obligations of the occupants by exercising voting rights in relation to the performance of the duties of the council of occupants' representatives. Therefore, the status of the non-corporate council members or representatives of buildings should be confirmed in relation to the non-corporate council of occupants' representatives.